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.LIFORNIA.   DEPARTMENT  OF  WATEB 

RESOURCES . 

BULLETIN. 


CD.  LIBRA 


STATE  OF  CALIFORNIA 

DEPARTMENT  OF  PUBLIC  WORKS 

DIVISION  OF  ENGINEERING  AND  IRRIGATION 


PHYSIC/ 
SCIENQ 
UBBAR 


BULLETIN  No.  10 


California 
Irrigation  District  Laws 


1925 


COMPILED  BY 

LEGISLATIVE  COUNSEL  BUREAU 


40508 


CALIFORNIA   STATK   I'RINnNG    OFFICE 
JOHN  £.  Kl^.^te 

SACBAMENTO,  1925.    ^ 


STATE  OF  CALIFORNIA 

DEPARTMENT  OF  PUBLIC  WORKS 

DIVISION  OF  ENGINEERING  AND  IRRIGATION 


•  BULLETIN  No.  10 

California 
Irrigation  District  Laws 

1925 


COMPILED  BY 

LEGISLATIVE  COUNSEL  BUREAU 


CALIFORNIA  STATE  PBIKTINO  OFFICK 

JOHN  E.  KINO.  SUte  PrlDter 

SACRAMENTO.  1925 


40508 


TABLE  OF  CONTENTS. 


Page 

INTRODUCTION     5 

List  of  Irrigation  districts  as  of  June  30,  1925 7 

Outline  of  procedure  for  the  formation  of  a  "Wright"  Irrigation  District 9 

I.  GENERAL  PROVISIONS. 

1.  WATER    RIGHTS   SUBJECT   TO    REGULATION 10 

2.  LEGISLATURE   TO    PROVIDE    FOR   SUPERVISION    OF    DISTRICTS 10 

3.  TAKING   IMMEDIATE  POSSESSION   IN   EMINENT  DOMAIN  PROCEEDINGS  10 
H.   IRRIGATION    IS    A    PUBLIC    USE ^  11 

II.  IRRIGATION  DISTRICT  ACTS. 

1.  CALIFORNIA    IRRIGATION    DISTRICT    ACT 13 

Organization 13 

Election    on    organization 20 

Duties  and  powers  of  board  of  directors 22 

Water  regulations  »_— . « 26 

General    elections    27 

Title   to   property 1 — . 35 

Issuance   of   bonds — 35 

Assessment  for  completion  of  works 42 

Duties  of  assessor 43 

Equalization  of  assessment 44 

Levy  and  collection  of  taxes 45 

Publication  of  delinquent  notice 50 

Sale  for  delinquent  taxes — . 50 

Redemption  of  property  sold  for  delinquent  taxes '.  52 

Redemption  of  bonds  and  payment  of  interest 54 

Construction  of  works —— —  55 

Governing  directors   58 

Special  assessments  59 

Incurring   Indebtedness   60 

Governing  the  use  of  water 62 

Exemption  from  taxation — creation  of  funds 62 

General    provisions    ~ 63 

Exclusion    of    lands — 65 

Inclusion  of  lands 69 

Reduction  of  bonded  indebtedness _— 73 

Lease  of  water 74 

Destruction   of  unsold  bonds 75 

Saving  clauses 76 

2.  WATER  STORAGE  DISTRICT  ACT,  CALIFORNIA 79 

Organization  . — 80 

Board  of  directors  and  report  of  board  on  project 85 

Proceedings  of  state  engineer  subsequent  to  report  of  board  of  directors 88 

Payment   of  assessments 92 

Supplemental  assessments 94 

Bonds 96 

Powers  and  duties  of  board  of  directors . . 103 

General   elections 108 

Special  elections 114 

General  provisions — 114 

3.  WATER  CONSERVATION    DISTRICT  ACT,  CALIFORNIA » 122 

State    Irrigation    Board _  122 

Organization  of  districts ___,^_i 123 

Water  and  power  survey 126 

Apportionment  of  cost 127 

Board  of  directors 131 

Issuance  of  bonds 135 

Powers  of  board  of  directors 141 

Apportionment  and  assessment  of  costs 144 

Certification    of   bonds 145 

General  provisions 146 

4.  COUNTY   WATER    DISTRICT  ACT. 

Organization , 151 

Powers   and   duties .__. IZIHIZIIIZIIIIII  160 

Water  rates  and  taxes Z 165 

General   provisions    _.    ™  158 


TABLE  OF  CONTENTS— Continued. 

5.  THE  WATER   DISTRICT  ACT.  Page 

Organization . . 170 

Officers,  powers  and  duties IIIIZZIZZZI  173 

Taxes   'Z. _! ~ IIII" I  175 

Bonds     II_I~I  180 

Elections  _-^ .—-^-^ , ,.-, -^ ^ , ^_^_.v^ , 186 

Construction  of  works 188 

Appropriation    of   Water ."__ . , _„_ 189 

Dtssolution  __-^ .__ 1 _'__ . 190 

General    provisions    191 

Sale  of  water -_ 191 

6,  WATER  COMMISSION  ACT. 

£;reation  of   commission - 195 

Powers    and    duties ^-. 194 

Appropriation  of  water . 19^ 

'      "Permit  to  divert  water—— : . 205 

Fees    211 

Determination  of  water  rights  by  commission- 212 

Investigation  of  flow  of  streams '. — 213 

Contests  .concerning  water  rights 21.4 

Supervision  of  distribution  of  water 220 

General  provisions  _' — ■'. ____"_1__'; -' —~ 222 

in.  OTHER  STATUTES  RELATING  TO  IRRIGATION. 

1.  CONSOLIDATION    AND    COOPERATION    OF    DISTRICTS. 

A.  Consolidation    of   districts 224 

B.  Water  district  may  include  territory  of  an  irrigation  district 226 

C  Cooperative  agreements  with  districts  in  other  states 227 

D.  Cooperation    with    federal    government    for    construction,    operation    and 

maintenance   of  works. — _— _ _ 228 

E.  Cooperation  with  federal  government,  twenty-year  extension  act 232 

•F.  Districts  may  unite  for  production  of  materials 233 

2.  CONSTRUCTION  OF  WORKS. 

A.  Work  by  day  labor __._ '— __ _ 234 

B.  Security  for  claims  against  contractor 235 

3.  DISSOLUTION   OF   DISTRICTS. 

A.  .Yoluntary   dissolution   _, 239 

B.  Involuntary  dissolution . 244 

4.  StOCKS   AND,  BONDS.  ". 

A.  Acquiring  stock  in   foreign   corporation 246 

B.  Bonds  exempt  from   taxation 246 

O.  Payment  of  bonds ■— . i--  246 

D.  Bond   certification   commission _ ^ 246 

E.  Refunding  bonds   .. , , — .^ , 261, 

F.  Bond -Validating- -Act— _ — ^ ■ — -. — _____—• -^ ^—  251- 


5.  TAXES  ANJ3  ASSESSMENTS. 

A.  Assessments  payable  in   two  installments . 253 

B.  Assessment   of  public  land-. —__.:;; 254 

Oi  Cancellation  of  taxes .-: _: -~zz.z---zz-. 255 

6.  SUPERVISION  OF   DESIGN   AND   CONSTRUCTION   OF   DAMS 256 

7.  MISCELLANEOUS  PROVISIONS^  - 

A.  Drainage  by  irrigation  districtsr_l_ll._,_,___^.,,_,___,„_,__ 258 

B.  Development  of  electric  power-'_l____l_l „_ 258 

C.  Rights  of  w%y  for  power  lines.:.. .,_, -^-Jrt ; 259" 

D.  Protection   of  canals  and   works : 260 

B.  Injuries  to  highways—— — 1 1 '_. !__ _1 261 

APPENDIX  rl._;;,__,___-,.^-__.____— r__'_-__l'-_: 262 

INDEX  — ^ ..^-;*._=:. .^—^^—^j...: - — : 265 


INTRODUCTION. 


The  rapid  expansion  of  the  irrigated  area  in  California  which  has 
occurred  during  the  past  decade,  has  largely  been  through  the  organi- 
zation of  irrigation  districts  under  the  state  law  commonly  known  as 
the  ** Wright  Act."  The  Wright  Act  was  originally  passed  in  1887. 
Each  succeeding  legislature  passed  amendments  of  more  or  less 
importance,  but  the  fundamental  objections  to  this  act  were  not  cor- 
rected until  1897.  Under  the  legislative  leadership  of  Judge  E.  A. 
Bridgford,  a  new  act  was  passed  which  did  not  alter  the  essential  pur- 
port of  the  law  and  in  many  of  its  provisions  was  but  a  slight  revision 
in  verbiage  of  the  original  act.  However,  radical  changes  made  in  the 
procedure  for  organizing  the  districts  and  in  incurring  indebtedness, 
had  the  effect  of  stopping  the  organization  of  new  districts. 

Many  amendments  and  supplementary  acts  have  been  passed  to  the 
Bridgford  Act  by  legislatures  since  1901  and  particularly  since  1909. 
The  more  essential  changes  have  been  as  follows : 

1.  Requiring  petitions  for  the  formation  of  irrigation  districts  to 

be  referred  by  the  board  of  supervisors  of  counties,  to  the  state 
engineer  for  report,  and  giving  the  state  engineer  ninety  days 
in  which  to  "report,  make  or  cause  to  be  made  such  prelim- 
inary investigations  as  may  be  practicable,  with  a  view  to 
determining  the  feasibility  of  the  project  proposed  to  be 
undertaken." 

2.  Creating  an  irrigation  district  bond  commission,  composed  of  the 

state  engineer,  state  superintendent  of  banks,  and  the  attorney 
general  of  the  state,  which,  prior  to  bond  elections,  must  pass 
on  proposed  bond  issues,  and  which  may  certify  bonds  that 
have  been  voted  in  whole  or  in  part,  so  as  to  make  them  legal 
investments  for  funds  of  banks,  insurance  and  trust  companies, 
trusts  and  state  school  funds,  and  so  as  to  permit  them  to  be 
used  as  security  for  the  performance  of  any  act  the  same  as 
bonds  of  cities,  counties,  school  districts  or  municipalities. 

3.  Permitting  the  organization  of  districts  to  be  proposed  by  500 

petitioners,  each  petitioner,  to  the  number  of  at  least  500,  to  be 
an  elector  residing  in  the  proposed  district  or  the  holder  of 
title  or  evidence  of  title  to  land  therein. 

4.  Reducing  the  number  of  votes  necessary  to  carry  the  organization 

of  an  irrigation  district  from  two-thirds  to  a  majority  of  all 
votes  cast. 

5.  Permitting, boards  of  directors  of  districts  to  call  bond  elections 

to  cover  expenditures,  approved  by  the  irrigation  district  bond 
commission,  without  petition  of  the  landowTiers,  as  necessary 
from  1897  to  1919,  but  requiring  a  two-thirds  instead  of  a 
majority  vote  to  carry  such  elections. 

There  are  now  seven  active  irrigation  districts  that  were  organized 
prior  to  1897  but  none  originated  during  the  years  1897  to  1909. 
Beginning  in  1909,  districts  have  been  organized  at  an  increasingly 
rapid  rate  until  at  present  there  are  one  hundred  and  seven  districts  in 


6  CALIFORNIA   IRBIGATION   DISTRICT  LAWS. 

California,  comprising  a  total  area  of  4,129,000  acres.  This  is  about 
two-thirds  of  the  entire  area  under  irrigation  in  California.  The  great 
bulk  of  this  development  has  occurred  since  inclusions  have  been  made 
in  the  law  for  state  supervision  in  the  organization  of  the  districts 
and  in  financing  and  constructing  their  projects. 

With  the  near  completion  of  all  the  simpler  projects  whose  works 
consist  for  the  most  part  of  diversion  dams  and  distribution  canals, 
necessity  has  arisen  for  the  organization  of  large  areas  in  single  enter- 
prises that  overlap  areas  already  organized  in  irrigation  districts.  The 
"Water  Storage  District  Act"  of  1921,  and  the  "Water  Conservation 
District  Act"  of  1923  have  resulted. 


CALIFORNIA   IKBIGATION   DISTRICT   LAWS. 

Active  Irrigation  Districts  as  of  June  30,  1925. 


Name  of  district. 


County 


Year 
organ- 
bed 


Area 
acres 


Bonds 

voted 


Address  of 
secretary. 


Alpaugh 

Alta 

Anderson-Cottonwood. 

Banta-Carbona* 

Baxter  Creek 

Beaumont 

Brentwood . 

Brown's  Valley 

Butte  Valley 

Byron  Bethany 


Camp  Far  West... 

Carmiohael 

Citrus  Heights 

Compton-Delevan. 

Consolidated 

Corcoran 

Cordua 

Crescent 

Fair  Oaks 

FooUiill 

Fresno 

Glenn-Colusa 

Grenada 

Happy  Valley 

HcUistcr 

Hot  Spring  Valley. 

Imperial 

Island  No.  3 

Jatnnto 

James 

Eni^tsen 

La  Canada. 


Laguna 

Lakeland. 


Lai 

Lakeside. 

La  Mesa,  Lemon  Grove  and  Spring 

Valley 

Lemoore. . 

lindsay-Strathmore 

little  Rock  Creek 

Littlerock-Midland. 

Lone  Tree 

Lucerne 

Madera 

Maxwell 

Merced 

Modesto 

Mojave  River 

Montague 

Naglee-Burk 

Nevada 

Newport  Heights 

Newport  Mesa 

Oakdale 

Oroville- Wyandotte 

Owens  Valley 

Palmdale 

Paradise 

Potter  Valley... 

Pri  nee  ton-Codora,  Glenn 

Provident 

Red  Rock  Creek*. 

Riverdale* 

Round  Valley 

San  Dieguito 

Santa  Fe 

San  Ysidro 

Scott  Valley 

South  Capay 

South  Montebello 

South  San  Joaquin 

Stinson 

Table  Mountain 

Terra  Bella 


Tulare 

Tulare-Fresno-Kings. 

Shasta 

San  Joaquin.. 

Lusen 

Riverside 

Contra  Costa 

Yuba 

Siskiyou 

Contra  Costa-San 

Joaquin.. 

Placer-Yuba 

Sacramento... 

Sacramento 

Colusa 

Fresno-Kings-Tulare. 

Kings 

Yuba -'.."."." 

Fnano-EiagB 

Sacramento 

Fresno-Tulare 

Fresno 

Glenn-Colusa 

Sskiyou 

Shasta 

San  Benito 

Modoe 

Imperial 

Kingii  ...... 

Glenn 

Fresno 

Contra  Costa 

Los  Angeles 

Fresno-Kings 

Kings 

San  Diego 


San  Diego 

Kings 

Tulare I 

Los  Angeles... 
Los  Angeles. . 
Contra  Coeta. 


Cohwk 

Merced 

Stanislaus 

San  Bernardino 

Siskiyou 

San  Joaquin 

Nevada. 

Orange 

Orange 

Stanislaus-San  Joaquin 

Butte 

Inyo 

Los  Angeles 

Butte 

Mendocino.. 

Glenn-Colusa 

Glenn-Colusa 

Lassen. 

Fresno 

Inyo-Mono 

San  Diego 

San  Diego 

San  Diego... 

Siskiyou 

Glenn 

Los  Angeles 

San  Joaquin 

Fresno 

Butte 

Tulare 


1915 
1888 
1914 
1921 
1917 
1919 
1923 
1888 
1920 

1919 
1924 
1916 
1920 
1920 
1921 
1919 
1919 
1924 
1917 
1920 
1920 
1924 
1921 
1891 
1923 
1919 
1911 
1921 
1917 
1920 
1920 
1924 
1920 
1923 
1924 

1913 
1920 
1915 
1892 
1925 
1920 
1925 
1920 
1918 
1919 
1887 
1917 
1925 
1920 
1921 
1818 
1918 
1909 
1919 
1923 
1916 
1916 
1924 
1916 
1918 
1918 
1920 
1923 
1922 
1923 
1911 
1917 
1921 
1922 
1909 
1921 
1922 
1915 


8,069 

129,300 

31,409 

14,135 

8,905 

3.161 

7,904 

42.860 

28,665 

17,175 

4,102 

3,006 

3,028 

12,652 

155,000 

51,533 

5,467 

11,627 

4,000 

58,000 

242.000 

117,000 

5,055 

18,428 

30,000 

9,640 

603,840 

4,500 

11,463 

26,952 

10,001 

1,400 

37,000 

26,135 

332 

14,243 

52,300 

15,285 

3,073 

2.475 

2,095 

33,407 

353,000 

8,832 

181,920 

81,183 

27,665 

27.000 

3.346 

209,610 

1,503 

694 

74,246 

24,000 

53.680 

4.756 

11.250 

4.905 

13.861 

22,861 

18,349 

16.000 

6.896 

3.700 

8.952 

492 

5,131 

1,486 

901 

71,112 

11,009 

2.036 

12,285 


$283,000 
500.000 

1.255.000 
705.000 
511.000 
230.000 
514,000 
140,000 
594.000 

650,000 


90.000 
262,000 
575.000 
850.000 
760.000 
267,000 


200.000 


2.000,000 

3.240.150 

240.000 

765.000 


160,000 
16,000,000 


238,000 

1,000,000 

650,000 

265,000 


2,500,000 


1,650,000 
308,000 


160,000 


28,000,000 
260,000 

15.250,000 
4,902.511 
5,600.000 


200.000 


160,000 

50,000 

2,575,000 

2,000,000 

1.650,000 

445,000 

490,000 


175.000 
1.190,000 


123,000 


400.000 
700,000 
25.000 
125.000 


125,000 

4.885.000 

360.000 

125.000 

1,000,000 


Alpaugh. 

Dinul». 

Anderson. 

Tracy. 

Susan  ville. 

Beaumont. 

Brentwood. 

Brown's  Valley. 

Macdoel. 

Byron. 

Wheatland. 

Sacramento. 

Fairoaks. 

Willows. 

Selma. 

Corcoran. 

Marysville. 

Fresno. 

Fair  Oaks. 

Orosi. 

Fresno. 

Willows. 

Grenada. 

Olinda. 

HoUistcr. 

Alturas. 

El  Centra 

La  ton. 

Glenn. 

San  Joaquin. 

Knightsen. 

La ton. 

Corcoran. 

Lakeside. 

La  Mesa. 
Lemoore. 
Lindsay- 
Little  Rock. 
Palmdale. 
Brentwood. 
Hanford. 
Madera. 
Colusa. 
Merced. 
Modesto. 

Box  396,  Los  Angeles 
Montague. 
Tracy. 

Grass  Valley. 
Coeta  Mesa. 
Coeta  Mesa. 
Oakdale. 
Oroville. 
Bishop. 
P&lmdale. 
Paradise. 
Potter  Valley. 
Princeton. 
Willows. 
Stacy. 
Riverdale. 
Bishop. 

Cardiff-by-the-Sea. 
Del  Mar. 
San  Ysidra 
Fort  Jones. 
Orland. 
MontebeUo. 
Manteca. 
Fresno. 
Oroville. 
Terra  Bella. 


•Formed  without  approval  of  State  Engineer. 
tOlenn-Cdusa  and  Williams  conbined  in  1924. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 
ACTIVE  IRRIGATION  DISTRICTS  AS  OF  JUNE  30,  192S— Continued. 


Name  of  district 


County 


Year 

organ- 

iied 


Area 
acres 


Bonds 
voted 


Address  of 
secretary. 


Thennalito. . 

"Ha  Juana 

Tracy  Clover 
Tranquility.. 

Tulare 

Tula 

Turlock 

Vandalia 

Vista 

Walnut 

Waterford... 
West  Side... 
Woodbridge. 


Butte. 

San  Diego 

San  Joaquin 

Fresno 

Tulare 

Lassen... 

Stanislaus-Merced 

Tulare 

San  Diego 

Los  Angeles 

Stanislaus 

San  Joaquin 

San  Joaquin 


1922 
1924 
1922 
1918 
1889 
1920 
1887 
1923 
1923 
1893 
1913 
1915 
1924 


3,100 

1,000 

1.107 

11,300 

3S,360 

13,861 

178,790 

1,290 

18,128 

869 

14.110 

11,792 

11.000 


9270,000 


52.170 
260,000 
600,000 
806,000 

7,270,000 
210,000 

1,700,000 


670,000 
545,000 


3,434,992 


$120,660,831 
640,000 


$120,020,831 


Oroville. 

National  City. 

Tracy. 

Tranquility. 

Tulare. 

Susanville. 

Turlock. 

Porterville. 

Vista. 

Rivera. 

Waterford. 

Tracy. 

Stockton. 


Browns    Valley    and 
Tulare. 

Exclusive  Tulare  and 
Browns  Valley. 


Browns  Valley  paid  off  bonds  at  30  cents. 
Tulare  bought  up  bonds  at  53  cents  in  1903  and  burned  them. 

In  addition  to  the  above,  a  number  of  other  districts  have  proceeded  to  organize  but  for  various  causes  have  been 
unaUe  to  function.    But  one  of  these  proceeded  as  far  as  submitting  to  the  voters  the  matter  of  bonding— Crooks  Canyon. 


INACTIVE  IRRIGATION  DISTRICTS  AS  OF  JUNE  30.  192S. 

Name  of  district. 

Coimty 

Year 

(X^an- 

ized 

Area 
acres 

Bonds 
voted 

Addr«»(tf 
secretary. 

Baker 

Glenn 

1922 
1919 
1921 
1921 

1922 
1920 
1919 
1919 
1916 
1921 
1921 
1922 
1921 
1921 
1915 
1916 

1921 
1918 
1917 
1916 
1920 

1,280 
6,030 
7,556 
3,783 

12,820 

3,027 

2,700 

31,442 

33,150 

5,986 

287,000 

3,849 

13,560 

70,146 

21,500 

(9,200) 

Included 

inLemoore 

41,075 

17.600 

71.517 

15.000 

35.681 

Butte  City. 
Alturas. 

Crooks  Canyon*    .    w 

$80,000 

VA  C.ATmnn* 

T^^h»m» 

Proberta. 

El  Solyo* 

StanisWis 

FaU  River  VaUey.. 

Shasta 

San  Fnmcisco. 
Glenbum. 

Feather  River 

Sutter 

Fullerton 

Fullerton.  ^ 

Honcut-Yuba. 

Yuba-Butte 

Honey  Lake  Valley* 

Lassen 

Stacy. 

Kiwson 

Tracy. 

Klamath-Shasta  Valley t 

Siskiyou .  . 

Montague. 

Ladera* 

Riverside . 

Medano 

Madera-Merced. 

Fresno 

LeGrand. 

Mendota* 

Fresno. 

Constantia. 

Stratford 

Stratford. 

Solano 

FairfiekL 

Surprise  Valley* 

Fort  BidwelL 

Victor  Valley 

Son  Bernardino 

Victorville. 

Webster 

Madera. 

West  Stanislaus* 

Crows  Iianding. 

21      

693,952 

$80,000 

'Formed  without  approval  of  State  Engineer. 
tVoluntarily  dissolved. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  V 

OUTLINE  OF  PROCEDURE  FOR  THE  FORMATION  OF  A 
"WRIGHT"  IRRIGATION  DISTRICT. 

The  following  is  an  outline  of  the  steps  in  the  procedure  of  forming 
an  irrigation  district  and  issuance  of  bonds  for  construction  work : 

(1)  Determination  of  the  general  practicability  of  the  proposed 
project.  Advice  may  be  obtained  from  the  State  Department  of 
Public  Works. 

(2)  Determination  of  boundaries  of  proposed  district  and  of  pro- 
posed source  of  water  supply. 

(3)  Circulation  of  petition  among  property  owners  within  proposed 
district.  Petitions  must  contain  the  names  of  a  majority  of  the  holders 
of  title  to  lands  within  the  proposed  district  representing  a  majority 
in  value  of  said  land ;  or  they  may  contain  the  names  of  500  electors  or 
landowners  within  the  proposed  district.  This  petition  should  be  drawn 
up  and  circulated  under  competent  legal  advice.     (Sec.  2.) 

(4)  Advertise  proposal  to  present  petition  for  two  weeks  in  some 
newspaper  of  general  circulation  in  the  county  or  counties  in  which  the 
proposed  district  is  situated.     (Sec.  2.) 

(5)  Present  petition  to  board  of  supervisors  at  date  specified  in 
advertised  notice  and  forward  copy  of  petition  to  state  engineer. 
(Sec.  2.) 

(6)  Hearing  on  sufficiency  of  petition  by  county  board  of  supervisors 
(Sec.  2)  and  if  found  sufficient,  forwarding  of  copy  of  the  determina- 
tion of  the  board  of  supervisors  to  the  state  engineerj  for  report. 
(Sec.  2.) 

(7)  After  receiving  the  report  of  the  state  engineer,  and  if  the  pro- 
posed district  is  approved,  final  hearing  on  the  matter  by  the  board  of 
supervisors  and  calling  of  election  on  organization,  notice  of  such 
election  to  be  published  for  at  least  three  weeks  prior  thereto,  and 
officers  of  the  district  to  be  voted  on  along  with  the  matter  of  organiza- 
tion.    (Sees.  6  to  8.) 

(8)  Board  of  supervisors  to  canvass  votes  cast  at  the  election,  and 
if  carried,  to  declare  district  duly  organized.     (Sec.  9.) 

(9)  Organization  of  the  board  of  directors  and  employment  of  an 
engineer  to  prepare  plans  for  the  district;  determination  by  board  of 
directors  of  the  amount  of  bonds  necessary;  reference  of  plans  and 
specifications  to  the  irrigation  district  bond  commission.  (Sees.  13, 
30,  and  30a.) 

(10)  Report  by  the  irrigation  district  bond  commission  and,  if 
favorable,  the  calling  of  a  bond  election  by  the  board  of  directors. 
(Sec.  30a.) 

(11)  Reference  of  bond  issue  to  irrigation  district  bond  commission 
for  certification.  (Special  act  Stats.  1913,  p.  778 ;  Stats.  1915,  p.  692 ; 
Stats.  1917,  p.  582;  Stats.  1919,  p.  1207;  Stats.  1921,  p.  1198.) 

With  these  and  other  related  steps  fully  set  forth  in  the  act,  the 
district  is  ready  to  purchase  or  construct  irrigation  works  and  otherwise 
carry  out  proposals  for  which  it  has  been  formed. 

tThe  Division  of  Engineering  and  Irrigation,  Department  of  Public  Works,  has 
succeeded  to  tlie  powers  and  duties  conferred  or  imposed  upon  the  State  EIngineer 
by  the  irrigation  laws. 


10  CAUFOBNIA   IRRIGATION   DISTRICT   LAWS. 

I.     GENERAL  PROVISIONS. 


1.    WATER  RIGHTS  SUBJECT  TO  REGULATION. 

State  Constitution,  Article  XIV,  Sec.  1. 

The  use  of  all  water  now  appropriated,  or  that  may  hereafter  be 
appropriated,  for  sale,  rental,  or  distribution,  is  hereby  declared  to  be 
a  public  use,  and  subject  to  the  regulation  and  control  of  the  state,  in 
the  manner  to  be  prescribed  by  law    *    *    *, 

Water   Works   vs.    San   Francisco,   82    Cal.    286. 
Willkimson  vs.  Railroad  Commission,  193  Cal.  22. 

2.     LEGISLATURE  TO  PROVIDE  FOR  SUPERVISION  OF 
DISTRICTS. 

State  Constitution,  Article  XI,  Sec.  IB. 

The  legislature  shall  not  delegate  to  any  special  commission,  private 
corporation,  company,  association  or  individual  any  power  to  make, 
control,  appropriate,  supervise  or  in  any  way  interfere  with  any 
county,  city,  town  or  municipal  improvement,  money,  property,  or 
effects,  whether  held  in  trust  or  otherwise,  or  to  levy  taxes  or  assess- 
ments or  perform  any  municipal  function  whatever,  except  that  the 
legislature  shall  have  power  to  provide  for  the  supervision,  regulation 
and  conduct,  in  such  manner  as  it  may  determine,  of  the  affairs  of  irri- 
gation districts,  reclamation  districts  or  drainage  districts,  organized  or 
existing  under  any  law  of  this  state.  (Amendment  adopted  Novem- 
ber 3,  1914.) 

Merchants  Bank  vs.  Escondido  Irr.  Dist.,  144  Cal.  329. 

San  Leandro  vs.  Railroad  Com,m,ission,  183  Cal.  229. 

Mordecai  vs.  Board  of  Supervisors,  183  Cal.  434. 

Turlock  Irrigation  District  vs.  White,  186  Cal.  183.  ■^' 

Tarpey  vs.  McClure,  190  Cal.  593. 

Worea  vs.  Im,perial  Irrigation  District,  193  Cal.   609. 

3.     TAKING  IMMEDIATE  POSSESSION  IN  EMINENT  DOMAIN 

PROCEEDINGS. 

State  Constitution,  Article  I,  Sec.  14. 

Private  property  shall  not  be  taken  or  damaged  for  public  use  with- 
out just  compensation  having  first  been  made  to,  or  paid  into  court 
for,  the  owner,  and  no  right  of  way  shall  be  appropriated  to  the 
use  of  any  corporation,  except  a  municipal  corporation  or  a  county, 
until  full  compensation  therefor  be  first  made  in  money  or  ascertained 
and  paid  into  court  for  the  owner,  irrespective  of  any  benefits  from 
any  improvement  proposed  by  such  corporation,  which  compensation 
shall  be  ascertained  by  a  jury,  unless  a  jury  be  waived,  as  in  other 
civil  eases  in  a  court  of  record,  as  shall  be  prescribed  by  law ;  provided, 
that  in  an  action  in  eminent  domain  brought  by  the  state,  or  a  cx)unty, 
or  a  municipal  corporation,  or  a  drainage,  irrigation,  levee,  or  reclama- 
tion district,  the  aforesaid  state  or  political  subdivision  thereof,  or 
district  may  take  immediate  possession  and  use  of  any  right  of  way 
required  for  a  public  use  whether  the  fee  thereof  or  an  easement  there- 
for be  .sought  upon  first  commencing  eminent  domain  proceedings 
according  to  law  in  a  court  of  competent  jurisdiction  and  thereupon 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  11 

giving  such  security  in  the  way  of  money  deposits  as  the  court  in  which 
such  proceedings  are  pending  may  direct,  and  in  such  amounts  as  the 
court  may  determine  to  be  reasonably  adequate  to  secure  to  the  owner 
of  the  property  sought  to  be  taken  immediate  payment  of  just  compen- 
sation for  such  taking  and  any  damage  incident  thereto,  including  dam- 
ages sustained  by  reason  of  an  adjudication  that  there  is  no  necessity 
for  taking  the  property,  as  soon  as  the  same  can  be  ascertained  accord- 
ing to  law.  The  court  may,  upon  motion  of  any  party  to  said  eminent 
domain  proceedings,  after  such  notice  to  the  other  parties  as  the  court 
may  prescribe,  alter  the  amount  of  such  security  so  required  in  such 
proceedings.  The  taking  of  private  property  for  a  railroad  run  by 
steam  or  electric  power  for  logging  or  lumbering  purposes  shall  be 
deemed  a  taking  for  a  public  use,  and  any  person,  firm,  company  or 
corporation  taking  private  property  under  the  law  of  eminent  domain 
for  such  purposes  shall  thereupon  and  thereby  become  a  common 
carrier.     (Amendment  adopted  November  5,  1918,) 

Tormey  vs.  Anderaon-Cottonwood  Irr.  Dist.,  53  Cal.  App.  559. 
Marblehead  Land  Co.  vs.  Superior  Court,  40  Cal.  App.  Dec.  291. 

4.    IRRIGATION  IS  PUBLIC  USE, 
An  act  regarding  irrigation  and  declaring  the  same  to  he  a  public  use. 

(Approved  May  1,  1911 ;  Stats.  1911,  p.  1407.) 
Irrigation    declared    public    use. 

Section  1.  Irrigation  in  the  State  of  California  is  hereby  declared 
to  be  a  public  necessity  and  a  public  use,  and  the  power  to  eminent 
domain  may  be  exercised  on  behalf  of  such  public  use  in  accordance 
with  the  provisions  of  title  VII,  part  III  of  the  Code  of  Civil  Procedure 
of  the  State  of  California.  Provided  that  any  person,  firm  or  corpora- 
tion, exercising  the  power  of  eminent  domain  and  in  control  of  water 
appropriated  for  sale,  rental  or  distribution,  shall  not,  by  this  act,  be 
relieved  from  the  duty  of  furnishing  water  to  irrigate  the  lands  over 
which  any  right  of  way  is  obtained  by  condemnation  for  irrigation 
purposes  as  required  by  an  act  entitled,  "An  act  to  regulate  and  control 
the  sale,  rental  and  distribution  of  appropriated  water  in  this  state, 
other  than  in  any  city,  city  and  county,  or  town  therein  and  to  secure 
the  rights  of  way  for  the  conveyance  of  such  water  to  the  places  of 
use",  approved  March  12,  1885,  or  any  other  law  now  in  force  in  this 
state. 

Gravelly   Ford   Canal    Co.   vs.    Pope   and    Talbot   Land   Co.,   192    Cal.    4 ; 
same  36  Cal.  App.   556. 

Certain  acts  not  affected. 

Sec.  2,  This  act  .shall  not  repeal  or  modify  an  act  entitled,  "An  act 
to  regulate  and  control  the  sale,  rental  and  distribution  of  appropriated 
water  in  this  state,  other  than  in  any  city,  city  and  county,  or  town 
therein,  and  to  secure  the  rights  of  way  for  the  conveyance  of  such 
water  to  the  place  of  use",  approved  March  12,  1885,  and  other  acts 
supplemental  thereto  and  amendatory  thereof,  or  shall  the  same  be  con- 
strued to  alter  or  change  the  law  of  the  State  of  California  as  to  the 
duty  of  any  person,  firm  or  corporation  in  charge  of  a  public  use  to 
furnish  water. 


12  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

Effective,  when. 

Sec.  3.     This  act  shall  "be  in  force  from  and  after  its  passage. 

Appropriation  for  private  use  of  the  taker  Is  not  "public  use." 

Gravellv  Ford  Co.  vs.  Pope  d  Talbot  Co.,  36  Cal.  App.  556  ; 
See  also  Const.,  Art.  XIV.  Sec.  1. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  13 

II.    IRRIGATION  DISTRICT  ACTS. 


1.     CALIFORNIA  IRRIGATION  DISTRICT  ACT/ 

An  act  to  provide  for  the  arganization  and  government  of  irrigation 
districts,  and  to  provide  for  the  acquisition  and  constmction  thereby 
of  works  for  the  irrigation  of  the  lands  embraced  within  such  dis- 
tricts, and,  also,  to  provide  for  the  distribution  of  water  for  irrig<i- 
tion  purposes. 

(Approved  March  31,  1897,  Stats.  1897,  p.  254;  amended  Stats.  1901,  p.  815; 
1905,  p.  27  ;  1909,  pp.  12,  46,  429,  461,  998,  1062,  1075  ;  1911,  pp.  509.  1111 ;  1911  (extra 
session),  pp.  135,  139,  248;  1913,  pp.  59,  781,  993;  1915,  pp.  836,  1291,  1326,  1367: 
1917,  pp.  751,  915;  1919,  pp.  472,  660,  714;  1921,  pp.  849,  859,  999.  1004,  1108- ;  1923, 
pp.  83,  627,  628,  630,  631,  632;  1925,  pp.  429,  460,  488,  501.) 

ORGANIZATION. 

Who  may  propose  the  organization  of  an  irrigation  district. 

Section  1.  A  majority  in  number  of  the  holders  of  title  or  evidence 
of  title  to  lands  susceptible  of  irrigation  from  a  common  source  and  by 
the  same  system  of  works  including  pumping  from  subsurface  or  other 
waters,  such  holders  of  title  or  evidence  of  title  representing  a  majority 
in  value  of  said  lands,  may  propose  the  organization  of  an  irrigation 
district,  under  the  provisions  of  this  act ;  or  the  organization  of  such  an 
irrigation  district  may  be  proposed  by  not  less  than  five  hundred  peti- 
tioners, each  petitioner  to  the  number  of  at  least'  five  hundred  to  be  an 
elector  residing  in  the  proposed  district  or  the  holder  of  title  or  evidence 
of  title  to  land  therein;  provided,  that  the  said  petitioners  must 
include  the  holders  of  title  or  evidence  of  title  to  not  less  than  twenty 
per  cent  in  value  of  the  lands  included  wuthin  the  proposed  district. 
The  lands  proposed  to  be  included  within  any  such  irrigation  district 
need  not  consist  of  contiguous  parcels.  Any  holder  of  land  under  a 
possessory  right  acquired  by  entry  or  purchase  from  the  United  States 
or  the  State  of  California  shall  be  deemed  to  be  a  holder  of  evidence  of 
title  to  said  land  within  the  meaning  of  this  act.  The  county  assessment 
roll  of  the  county  in  which  any  lands  included  within  such  propose<l 
irrigation  district  are  situated,  which  assessment  roll  has  been  last 
equalized  at  the  time  of  the  first  publication  of  said  petition  as  pro- 
vided in  section  two  of  this  act,  shall  be  conclusive  evidence  as  to  the 
value  of  said  lands  and  the  holders  of  title  or  evidence  of  title  to  said 
lands.  If  any  parcel  of  land  is  assessed  on  any  assessment  roll  to 
unknown  or  fictitiously  named  owners,  or  to  unnamed  owners  in  addi- 

^NoTE — Because  the  present  act  continues  the  principles  of  the  original  Wright  Act 
of  1887,  it  is  still  popularly  known  as  the  "Wright  Act."  The  Wright  Act  of  1887 
was  repealed,  however,  in  1897,  upon  the  passage  of  the  present  act. 

Most  of  the  annotations  on  this  act  were  prepared  by  Mr.  Francis  Carr.  The  notes 
under  section  two  were  largely  contributed  by  Mr.  L.  L.  Dennett. 

*NoTB — The  provisions  of  the  present  act,  when  adopted,  were  based  upon  the 
provisions  of  the  Wright  Act  and  acts  supplemental  thereto,  as  indicated  below. 

Preseyit  Act  Origitial    Acts 

111-65 Wright  Act,  Stats.  1887,  p.  29. 

§868-72 Stats.  1889.  p.  212. 

§§74-84 stats.  1889,  p.    21;  as  amended  1893,  p.  516. 

§185-97   stats.  1889,  p.     18. 

§§98-991 Stats.  1893,  p.  276. 

§§100-105 ^ stats.  1893,  p.  295. 

§§106-108 stats.  1895,  p.  127. 


14  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

tion  to  any  owner  or  owners  named  thereon,  said  parcel  of  land  shall 
be  deemed,  for  any  of  the  purposes  of  this  act,  to  have  but  one  owner  in 
addition  to  any  owner  or  owners  whose  true  name  or  names  may  be 
purported  to  be  given  on  such  assessment  roll.  The  holder  of  title  or 
evidence  of  title  to  an  undivided  interest  in  any  land  affected  by  any  of 
the  provisions  of  this  act  may  sign  any  petition  provided  for  in  this 
act,  and  such  undivided  interest  shall  be  counted  and  valued  as  though 
it  were  a  separate  interest,  and  if  the  assessment  roU  shall  fail  to  indicate 
the  extent  of  any  such  undivided  interest,  the  holders  of  title  or  evidence 
of  title  whose  undivided  interest  in  any  land  are  not  specifically 
defined  shall  be  deemed  to  have  equal  shares  therein.  Guardians, 
executors,  administrators  or  other  persons  holding  property  in  a  trust 
capacity  under  appointment  of  court  may  sign  any  petition  provided 
for  in  this  act,  when  authorized  by  an  order  of  court,  which  order  may 
be  made  without  notice.  A  certificate  of  acknowledgment  taken  before 
a  notary  public  or  justice  of  the  peace  of  any  state,  or  an  affidavit  by 
any  person  in  the  presence  of  whom  such  petition  was  signed,, shall  be 
sufficient  evidence  of  the  genuineness  of  such  signature  and  of  the  fact 
of  place  of  residence  of  any  petitioners  under  this  act.  (Stats.  1919, 
p.  714.) 

Organization : 

Assessment  roll  as  evidence  of  title. 

Matter  of  Bonds  of  South  San  Joaquin  />t.  Diat.,  161  Cal.  345. 

Legislature  may  authorize  initiatory  proposal  to  be  made  by  such  persons  as  it 
sees  fit. 
Imperial  Water^Co.  vs.  Supervisors,  162  Cal.  14-25. 

Holders  of  title  or  evidence  of  title : 

Board  of  Directors  vs.  Abila,  106  Cal.   355  ; 
Carson  vs.  Cudworth  (Colo.),  140  Pac.  935; 
In  re  Gallatin  Irr.  Dist.  (Mont.),  140  Pac.  92—4; 
Gem.  Irr.  Dist.  vs.  Johnson   (Idaho),  109   Pac.   845. 

Inclusion  of  public  land  will  not  invalidate  organization.  -_ 

Cullen  vs.  Glendora  W.  Co.,  113  Cal.  503; 
Stevens  vs.  Melville  (Utah),  175  Pac.  602; 
Nev<ida  Bank  vs.  Poso  Dist.,  140  Cal.  344 ; 


Miller  d  Lux  vs.  Board  of  Supervisors,  36  Cal.  App.  Dec.  770 ; 

Chambers  vs.  Board  of  Supervisors,  57  C^l.  App.  401 ; 

Ells  vs.  Board  of  Supervisors,  38  Cal.  App.  480  ; 

People  vs.  Cardiff  Irr.  Dist..  51  Cal.  App.   307  ; 

Miller  d  Lux  vs.   Board  of   Supervisors,   189   Cal.    254 ; 

Ser-vis  vs.   Victor  Valley  Irr.  Dist.,  190  Cal.   732. 

Petition  to  organize  district. 

Sec.  2.  In  order  to  propose  the  organization  of  an  irrigation  district, 
a  petition  signed  by  the  requisite  majority  of  holders  of  title  or  evidence 
of  title  to  lands  within  the  proposed  district  or  by  at  least  five  hundred 
petitioners,  as  provided  in  section  one  of  this  act,  shall  be  presented  to 
the  board  of  supervisors  of  the  county  in  which  the  lands  within  the 
proposed  district,  or  the  greater  portion  thereof,  are  situated.  Said 
petition  shall  set  forth  generally  the  boundaries  of  the  proposed  district 
and  also  shall  state  generally  the  source  or  sources  (which  may  be  in 
the  alternative)  from  which  said  lands  are  proposed  to  be  irrigated, 
and  shall  pray  that  the  territory  embraced  within  the  boundaries  of  the 
proposed  district  may  be  organized  as  an  irrigation  district  under  the 
provisions  of  this  act.  The  petition  may  consist  of  any  number  of 
separate  instruments,  and  must  be  accompanied  with  a  good  and  suf- 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  15 

fieient  undertaking,  to  be  approved  by  the  board  of  supervisors,  in 
double  the  amount  of  the  probable  cost  of  organizing  such  district, 
conditioned  that  the  sureties  shall  pay  all  of  said  costs  in  case  said 
organization  shall  not  be  effected.  Said  petition  shall  be  presented  at 
a  regular  meeting  of  said  board,  and  shall  be  published  for  at  least 
two  weeks  before  the  time  at  which  the  same  is  to  be  presented  in  some 
newspaper  of  general  circulation  printed  and  published  in  the  county 
where  said  petition  is  presented  together  with  a  notice  stating  the  time 
of  the  meeting  at  which  the  same  will  be  presented ;  and  if  any  portion 
of  the  lands  within  said  proposed  district  lie  within  another  county 
or  counties,  then  said  petition  and  notice  shall  be  published,  as  above 
provided,  in  a  newspaper  published  in  each  of  said  counties.  When 
contained  upon  more  than  one  instrument,  one  copy  only  of  such 
petition  need  be  published,  but  the  names  attached  to  all  of  said  instru- 
ments must  appear  in  such  publication.  On  or  before  the  day  on 
which  said  petition  is  presented  to  said  board  of  supervisors,  a  copy 
of  said  petition  shall  be  filed  in  the  office  of  the  state  engineer.  Signa- 
tures to  the  petition  may  be  withdrawn  at  any  time  before  the  publi- 
cation is  commenced  as  in  this  section  required,  by  filing  a  declaration, 
signed  by  the  petitioner,  with  the  board  of  supervisors  before  which  the 
petition  is  to  be  presented,  stating  that  it  is  the  intention  of  the 
petitioner  to  withdraw  therefrom,  which  declaration  shall  be  acknowl- 
edged in  the  same  manner  as  conveyances  of  real  estate  are  required  to 
be  acknowledged.  "When  said  petition  is  presented,  said  board  of 
supervisors  shall  hear  the  same  and  shall  proceed  to  determine  whether 
or  not  said  petition  complies  with  the  requirements  hereinbefore  set 
forth  and  whether  or  not  the  notice  required  herein  has  been  published 
as  required,  and  must  hear  all  competent  and  relevant  testimony  offered 
in  support  of  or  in  opposition  thereto.  Said  hearing  may  be  adjourned 
from  time  to  time  for  the  determination  of  said  facts,  not  exceeding 
two  weeks  in  all.  No  defect  in  the  contents  of  the  petition  or  in  the  title 
to  or  form  of  the  notice  or  signatures,  and  no  lack  of  signatures  thereto, 
or  to  the  petition  as  published,  shall  vitiate  any  proceedings  thereon; 
provided,  such  petition  or  petitions  have  a  sufficient  number  of  quali- 
fied signatures  attached  thereto.  The  determination  of  the  board  shall 
be  expressed  by  resolution.  If  it  shall  determine  that  any  of  the 
requirements  hereinbefore  set  forth  have  not  been  complied  with,  the 
matter  shall  be  dismissed,  but  without  prejudice  to  the  right  of  the 
proper  number  of  persons  to  present  a  new  petition  covering  the  same 
matter  or  to  present  the  same  petition  with  additional  signatures,  if  such 
additional  signatures  are  necessary  to  comply  with  the  requirements  of 
this  act.  If  the  board  of  supervisors  shall  determine  that  the  petitioners 
have  complied  with  the  requirements  hereinbefore  set  forth,  it  shall 
cause  a  copy  of  the  resolution  so  declaring  to  be  forwarded  to  the  state 
engineer.  Upon  receiving  a  copy  of  said  resolution,  the  state  engineer 
shall  make  or  cause  to  be  made  such  preliminary  investigation  as  may  be 
practicable,  with  a  view  to  determining  the  feasibility  of  the  project 
proposed  to  be  undertaken.  He  shall  report  as  soon  as  practicable,  but 
at  all  events  within  ninety  days  from  the  date  of  the  adoption  of  the 
said  resolution,  in  writing,  on  the  matter  to  the  board  of  supervisors 
from  which  the  copy  of  said  resolution  was  received,  except  that  upon 
receiving  a  written  request  from  the  state  engineer,  the  board  of 
supervisors  may  at  any  meeting  before  the  expiration  of  said  ninety 


16  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

days  grant  to  the  state  engineer  not  more  than  ninety  days  additional 
time  in  which  to  make  said  report.  If  the  state  engineer  shall  report 
within  the  time  specified  herein  that  the  supply  of  water  available  for 
the  use  of  the  proposed  district,  or  that  may  be  acquired  by  any  practi- 
cable means,  including  the  condemnation  of  existing  rights,  is  not  suf- 
ficient or  that  the  project  is  not  feasible  for  any  other  reason  or  reasons, 
the  hearing  of  the  matter  shall  be  continued  for  not  more  than  two 
months  and  shall  then  be  dismissed  unless  the  board  of  supervisors  shall 
be  petitioned  in  writing  by  three-fourths  of  the  holders  of  title  or 
evidence  of  title  to  land  within  said  proposed  district  to  grant  said 
petition ;  provided,  that  if  the  board  of  supervisors  is  not  so  petitioned, 
it  may  modify  the  plans  for  the  proposed  district  in  accordance  with 
recommendations  by  the  state  engineer.  If  after  receiving  an  adverse 
report  from  the  state  engineer  the  board  of  supervisors  shall  be 
petitioned  as  aforesaid  or  shall  decide  to  modify  the  plans  for  the 
proposed  district  in  accordance  with  recommendations  by  the  state 
engineer,  it  shall,  at  the  time  to  which  the  hearing  of  said  matter  shall 
have  been  continued,  set  a  time  for  the  final  hearing  thereof.  If  the 
continuance  of  the  matter  is  not  compelled  by  an  adverse  report  as 
aforesaid,  the  board  of  supervisors,  at  its  first  regular  meeting  after 
the  receipt  of  a  report  from  the  state  engineer,  or  at  the  first  regular 
meeting  after  the  expiration  of  the  time  allowed  for  the  making  of 
such  report  if  no  such  report  has  been  received,  shall  set  a  time  for  a 
final  hearing  of  the  matter.  In  any  case  the  time  set  for  the  final 
hearing  as  aforesaid  shall  not  be  less  than  one  week  from  the  meeting 
at  which  said  time  was  set;  provided,  that  notice  of  the  time  of  such 
Ilnal  hearing  shall  be  given  by  registered  mail  to  such  party  as  shall 
have  been  designated  for  that  purpose  by  the  petitioners,  or  by  pub- 
lication for  at  least  three  days  in  one  daily  newspaper  published  in  the 
county  in  which  the  lands  within  the  proposed  district,  or  the  ngreater 
portion  thereof  are  situated.  A  failure  to  give  such  last  mentioned 
notice,  however,  shall  not  affect  the  validity  of  subsequent  proceedings. 
On  a  final  hearing  herein  provided  for,  the  board  may  adjourn  from 
time  to  time,  but  at  no  time  for  a  longer  period  than  three  days  until 
a  determination  of  the  matter  is  reached.  On  said  final  hearing  said 
board  shall  make  such  changes  in  the  proposed  boundaries  as  it  may 
deem  advisable  and  shall  define  and  establish  such  boundaries,  but 
said  board  shall  not  modify  said  boundaries  so  as  to  exclude  from  such 
proposed  district  any  territory  which  is  susceptible  of  irrigation  from 
any  of  the  sources  proposed,  unless  said  board  shall  decide  to  modify 
the  plan  for  such  proposed  district,  as  herein  provided,  nor  shaU  any 
lands  which  will  not,  in  the  judgment  of  said  board,  be  benefited  by 
irrigation  by  means  of  said  systems  or  works  be  included  within  such 
proposed  district.  Lands  already  irrigated  and  riparian  lands  may  be 
included  in  the  district  if  in  the  judgment  of  the  board  of  supervisors 
such  land  will  be  benefited,  or  if  the  water  used  thereon  or  the  rights 
to  the  use  of  water  thereon  should,  in  the  judgment  of  the  board  of 
supervisors,  be  taken  or  acquired  for  the  district.  Any  person  whose 
lands  are  susceptible  of  irrigation  from  any  of  the  proposed  sources 
may,  upon  his  application,  in  the  discretion  of  said  board,  have  such 
lands  included  within  said  proposed  district.     (Stats.  1919,  p.  715.) 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  17 

Petition : 

The  form  or  contents  of  the  petition  is  not  Important,  provided  that  It  con- 
tains the  required  recitals  showing  the  boundaries ;  the  proposed  sources  of 
supply ;  that  it  is  the  purpose  of  the  petitioners  to  organize  an  irrigation 
district ;   and   praying  that   the   same   be   organized    thereunder. 

Ells  vs.  Board  of  Supervisors  (Cal.  App. i,  38  Cal.  App.  480; 

William  Hanley  Co.  vs.  Harney  Valley  Irrig.  Dist.   (Ore.),  180  Pac.  725. 

Petition,  sigrnatures,  and  bond  for  cost  of  organization : 
Board  of  Directors  vs.  Ahila,  106  Cal.  365  ; 
Fogg  vs.  Ferris  Jrr.  Dist.,  154  Cal.  209  ; 
Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.   351 ; 
In  re  Madera  Irr.  Dist..  92  Cal.  296  ; 
McAulay  vs.  Board  of  Supervisors.  178  Cal.  628 ; 
Black  Canyon  Dist.  vs.  Marple  (Idaho),  112  Pac.  766. 

Owners  of  possessory  rights  are  eligible  as  petitioners. 
Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  25. 

It  appears  to   be  proper   for   the  board   of   supervisors   to  appoint  someone  as 
referee  to  compare  the  petitions  and  assessment  roll. 
Imperial  Water  Co.  vs.  Supervisois,  162  Cal.  24. 

The  best  evidence,   however.   Is  required. 

Wilder  vs.  Board,  etc.    (Colo.),  135  Pac.  461; 
Ahern  vs.  Board  of  Directors  (Colo.),  89  Pac.  964. 

The  presentation  to  the  board  of  a  bond  is  jurisdictional,  and  where,  although 
the  bond  was  informal  it  was  a  binding  obligation  upon  those  who  signed  it,  the 
proceedings  are  not  rendered  illegal.  The  supervisors  may  permit  a  new  bond 
to  be  filed. 

In  re  Madera  Irr.  Dist.,  92  Cal.  329  ; 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  357. 

Description  of  boundaries : 

A  description  by  metes  and  bounds  sufficient  for  an  ordinary  conveyance  will 
suffice.  The  petition  is  sufficient  so  long  as  the  boundaries  can  be  definitely 
located. 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351 ; 

In  re  Madera  Irr.  Dist..  92  Cal.  296  ; 

Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503  ; 

Board  of  Directors  vs.  Kimball  (Wash.),  157  Pac.  38. 

Land  in  Irrigation  district  may  be  Included  in  municipal  water  district. 
Henshaw  vs.  Foster.  176  Cal.  507. 

Notice,  publication,  etc. : 

In  re  Central  Irr.  Dist..  117   Cal.  382  ; 

Fogg  vs.  Ferris  Irr.  Dist.,  154  Cal.  209  ; 

Imperial  Water  Co.  vs.   Supervisors.  162  Cal.   14  ; 

Tulare  Dist.  vs.  Shepard,  185  U.  S.  1,  46  L.  Ed.  773  ; 

Ells  vs.  Board  of  Supervisors  (Cal.  App.),  38  Cal.  App.  480; 

Wm.  Hanley  Co.  vs.  Harney  Valley  Irr.  Dist.    (Ore.),   180  Pac.   724. 

The  time  set  for  the  hearing  must  be  at  a  regular  meeting  of  the  board  of 
supervisors,  but  it  is  not  necessary  that  the  notice  specify  that  fact. 
I7nperial  Water  Co.  vs.  Supervisors,  162  Cal.  23. 

The  notice  need  not  be  separately  signed  and  may  precede  the  petition,  with 
the  signatures  attached  to  the  petition. 
Fogg  vs.  FerHs  Dist.,  154  Cal.  209  ; 
Ells  vs.   Board  of  Supervisors,  38   Cal.   App.   480. 

The  date  of  the  petition  and  notice  should  not  vary. 

Ahern  vs.  Board  of  Directors  (Colo.),  89  Pac.  964. 

Hearing : 

At  the  hearing,  the  assessment  roll  is  sufficient  evidence  of  ownership. 
Matter  of  Bonds  of  South  San  Joaquin  Irr.  Dist.,  161  Cal.  345. 

Right   to  withdraw  from  petition : 

A  petitioner  may  withdraw  his  name  from  the  petition  at  any  time  prior  to  its 
presentation  to  the  board  of  supervisors  on  the  day  fixed  therefor ;  but  see 
amendment  of  1919  suspended  by  referendum. 

McAulav  vs.  Board  of  Supervisors,  178  Cal.  628; 
Covell  vs.  McBride.  46  Cal.  App.  Dec.   544. 

Inclusion  and  exclusion  of  lands : 

While  It  appears  that  the  action  of  the  board  can  not  be  arbitrary  (Ahem  vs. 
Board  of  Directors,  89  Pac.  964),  yet  in  the  absence  of  fraud  the  action  of  the 
board  of  supervisors  can  not  be  attacked. 

Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503; 
Fallbrook  Irr.  Diat.  vs.  Bradley,  164  U.  S.  112. 

2—40598 


18  CALiIPORNIA   IRRIGATION   DISTRICT   LAWS. 

The  application  for  inclusion  or  exclusion  need  not  be  in  writing. 
Central  Irr.  Diat.  vs.  DeLappe,  79  Cal.  351. 

Character  of  land  that  may  be  included : 

As  to  the  land  that  may  be  included  within  a  district,  the  jurisdiction  of  the 
board  seems  to  be  very  broad.  It  is  proper  to  include  cities  and  any  land  that 
in  its  natural  state  would  be  benefited  by  Irrigation. 

La  Mesa  Homes  Co.  vs.  La  Mesa  Irr.  Dist.,  173  Cal.  121 ; 
Tregea  vs.  Modesto  Irr.  Dist.,  164  U.  S.  179. 

On  the  inclusion  of  city  or  town  lots,  see  also 

Board  of  Directors  vs.  Tregea,  88  Cal.  334  ; 

In  re  Madera  Irr.  Dist.  92  Cal.  296  ; 

Board  of  Directors  vs.  Abila,  106  Cal.  365; 

In  re  Central  Irr.  Dist.,  117  Cal.  382; 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14  ; 

Na7npa  Irr.  Dist.  vs.  Brose  (Idaho),  83  Pac.  499. 

In  appears  that  rights  of  way  of  railroads  may  likewise  be  included. 
Oregon  Short  Line,  etc.,  vs.  Pioneer  Dist.  (Idaho),  102  Pac.  905. 

But  there  also  appears  to  be  no  machinery  by  which  such  rights  of  way  may 
be  compelled  to  pay  assessments. 

Atchison  T.  d  S.  F.  Ry.  Co.  vs.  Reclamation  Dist.  No.  \0i,  173  Cal.  91. 

Fixing  of  boundaries  by  board  of  supervisors : 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351 ; 
Cullen  vs.  Glendora  Water  Co.,  113  Cal.  517 ; 
Board  of  Directors  vs.  Tregea,  88  Cal.  334-351 ; 
Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14  ; 
Board  of  Directors  vs.  Kitnball  (Wash.),  157  Pac.  38; 
Ahem  vs.  Board  of  Directors  (Colo.),  89  Pac.  963. 

Inclusion  or  exclusion  after  organization  : 

Where  the  petitioner  brings  himself  within  the  specified  classes  of  those  entitled 
to  exclusion,  he  has  an  absolute  right  to  such  exclusion  and  writ  of  mandate  will 
issue  to  enforce  such  right. 

Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 

State  engineer,  procedure  upon  receipt  of  adverse  report  by : 
Rich  et  al  vs.  Connelly  et  al,  35  C.  A.  D.   134. 

Miller  d  Lux  vs.  Board  of  Supervisors,  36  Cal.  App.  Dec.  770  ; 

Chambers  vs.  Board  of  Siipervisors,  57  Cal.  App.   401 ; 

Ells  vs.  Board  of  S^ipervisors,  38  Cal.  App.  480;  ■%" 

People  vs.  Cardiff  Irr.  Dist.,  51  Cal.  App.  307; 

Rich  vs.  Connelly,  52  Cal.  App.  556  ; 

Miller  d  Lux  vs.   Board  of  Sxipervisors,  189   Cal.   254  ; 

Miller  d  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.   94  ; 

Ser-vis  vs.    Victor  Valley  Irr.   Dist.,   190   Cal.    132; 

People  vs.  Lake  Co.  Water  Dist..  183  Cal.  137. 

State  engineer  to  furnish  information. 

Sec.  2a.  The  state  engineer  shall  have  authority,  and  it  shall  be  his 
duty,  to  give  information  so  for  as  may  be  practicable  to  persons  con- 
templating the  organization  of  irrigation  districts  under  the  provisions 
of  this  act.  Whenever  the  department  of  engineering  shall  deem  it  in 
the  public  interest  that  preliminary  surveys  and  field  investigations  of 
proposed  irrigation  district  projects  shall  be  made  at  the  expense  of 
the  state,  the  state  engineer  shall  make  such  surveys  and  field  investiga- 
tions of  such  proposed  irrigation  district  projects,  and,  pending  the 
completion  of  such  surveys  and  investigation,  the  state  water  commis- 
sion shall  have  authority  to  ^vithhold  from  appropriation  any  unappro- 
priated waters  likely  to  be  needed  therefor.     (Stats.  1917,  p.  755.) 

Miller  d  Lux  vs.  Board  of  Supervisors,  189  Cal.  254  ; 
Miller  d  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec  94. 

Order  of  supervisors  reaffirming  conclusions. 

Sec.  3.  Upon  the  final  hearing  of  said  petition  or  said  matter,  the 
board  of  supervisors  shall  make  an  order  reaffirming  its  conclusions  as 
to  the  genuineness  and  sufficiency  of  the  petition  and  notice  hereinbefore 


CALIFORNLV    IRRIGATION    DISTRICT    LAWS.  19 

provided  for,  reciting  that  a  report  regarding  the  proposed  distri',t  has 
been  made  by  the  state  engineer  and  is  on  file  with  the  other  records  of 
the  board,  and  describing  the  boundaries  of  the  proposed  district  as 
defined  and  established  by  said  board.  Said  order  shall  be  entered  in 
full  upon  the  minutes  of  said  board.  At  said  final  hearing  no  evidence 
shall  be  heard  against  the  genuineness  or  sufficiency  of  said  petition  or 
notice  unless  it  shall  be  shown  to  the  satisfaction  of  said  board  that  new 
evidence  which,  if  uncontradicted,  would  disprove  the  genuineness  or 
sufficiency  of  said  petition  or  notice  has  been  discovered  since  said  board 
adopted  the  resolution  declaring  that  said  petition  and  notice  complied 
with  all  the  requirements  of  this  act.  In  case  any  new  evidence  is 
admitted,  full  opportunity  shall  be  given  for  the  introduction  of  evi- 
dence in  rebuttal  thereof.     (Stats.  1913,  p.  996.) 

Sufficiency  of  petition  and  genuineness  of  signatures  to  be  determined  by  board 
of  supervisors. 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14-19. 


Ells  vs.  Board  of  Supervisors,  38  Cal.  App.  480  ; 
Rich  vs.  Connelly,  52  Cal.  App.  556. 

Finding  of  board  to  be  conclusive. 

Sec.  4.  A  finding  of  the  board  of  supervisors  in  favor  of  the  gen- 
uineness and  sufficiency  of  the  petition  and  notice  shall  be  final  and 
conclusive  against  all  persons  except  the  State  of  California  upon  suit 
commenced  by  the  attorney  general.  Any  such  suit  must  be  com- 
menced within  one  year  after  the  order  of  the  board  of  supervisors 
declaring  such  district  organized  as  herein  provided,  and  not  otherwise. 
(Stats.  1911,  extra  session,  p.  139.) 

Former  section  4  providing  for  appeal  to  superior  court  was  unconstitutional. 
Chinn  vs.  Superior  Court,  156  Cal.  478. 

Certiorari : 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14. 

Conclusiveness  of  order : 

Fallbrook  Irr.  Dist.  vs.  Bradley.  164  U.  S.  112,  171 ; 

People  vs.  Hagar,.a2  Cal.  171-182; 

Board  of  Directors  vs.  Tregea,  88  Cal.  335-54  ; 

In  re  Madera  Irr.  Dist.,  92  Cal.  296-324  ; 

O'Neill  vs.  Yellowstone  Dist.   (Mont.),  121  Pac.  283; 

Progressive  Irr.  Dist.  vs.  Smith  (Idaho),  156  Pac.  1133; 

Board  of  Directors  vs.  Peterson   (Ore.),  129  Pac.  123; 

Links  vs.  Anderson  (Ore.),  168  Pac.  605; 

Herrett  vs.  Warm  Springs  Dist.   (Ore.),   168  Pac.  609; 

Andrews  vs.  Lillian  Irr.  Dist.   (Nebr.),  97  N.  W.  336; 

Sowerwine  vs.  Central  Dist.  (Nebr.),  124  N.  W.  119; 

Ells  vs.  Board  of  Supervisors  (Cal.  App.),  38  Cal.  App.  480. 

Statute  of  limitations : 

(See  Sec.  72  infra.) 

In  re  central  Irr.  District,  117  Cal.  382  ; 

People  vs.  Perris  Irr.  Dist.,  142  Cal.  601; 

Miller  vs.  Perris  Irr.  Dist.,  85  Fed.  693  ; 

Tulare  Irr.  Dist.  vs.  Shepard,  185  U.  S.  1-18,  46  L.  Ed.  773,  781 ; 

Progressive  Irr.  Dist.  vs.  Anderson  (Idaho),  114  Pac.  16-18. 

Bona  fide  attempt  to  organize  followed  by  user : 
Tulare  Irr.  Dist.  vs.  Shepard,  185  U.  S.  1. 


Miller  d  Lux  vs.  Board  of  Supervisors,  36  Cal.  App.  Dec.  770; 
Miller  rf  Lux  vs.  Board  of  Supervisors,  189  Cal.   254  ; 
Miller  d  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94  ; 
Ells  vs.  Board  of  Supervisors,  38     Cal.  App.  480; 
Miller  d  Lux  vs.  Secara,  193  Cal.  755. 


20  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

Divisions  in  district  and  election  of  directors. 

Sec.  5.  If,  on  said  final  hearing,  the  boundaries  of  the  proposed  dis- 
trict are  defined  and  established,  said  board  shall  make  an  order  divid- 
ing said  district  into  five  divisions,  as  nearly  equal  in  size  as  may  be  prac- 
ticable, which  shall  be  numbered  first,  second,  third,  fourth  and  fifth, 
and  one  director  shall  be  elected  for  each  division  by  the  electors 
thereof;  provided,  that  if  so  requested  in  said  petition,  the  board  may 
order  that  there  shall  be  only  three  divisions  in  said  district,  and  that 
only  three  directors  be  elected,  and  that  the  directors  may  be  elected 
by  the  district  at  large,  or  by  divisions,  as  such  petition  shall  provide, 
but  in  any  event  such  directors  shall  be  elected  to  represent  separate 
divisions  and  shall  be  residents  of  the  respective  divisions  they  are 
elected  to  represent.     (Stats.  1915,  p.  1368.) 

Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503; 
Ahbey  vs.  Board  of  Directors,  58  Cal.  App.   757. 

ELECTION  ON  ORGANIZATION. 
Election  on  organization. 

Sec.  6.  Said  board  of  supervisors  shall  then  give  notice  of  an  elec- 
tion to  be  held  in  such  proposed  district,  for  the  purpose  of  determining 
whether  or  not  the  same  shall  be  organized  under  the  provisions  of 
this  act.  Such  notice  shall  describe  the  boundaries  so  established, 
and  shall  designate  a  name  for  the  proposed  district,  and  said  notice 
shall  be  published  for  at  least  three  weeks  previous  to  such  election, 
in  a  newspaper  published  within  the  county  in  which  the  petition  for 
the  organization  of  the  proposed  district  was  presented;  and  if  any 
portion  of  such  proposed  district  is  within  another  county  or  counties, 
then  such  notice  shall  be  published  for  the  same  length  of  time  in  a 
newspaper  published  in  each  of  said  counties.  Such  notice  shall  require 
the  electors  to  cast  ballots,  which  shall  contain  the  words  "Irngation 
District — Yes,"  or  ''Irrigation  District — No,"  or  words  equivalent 
thereto,  and  also  the  names  of  persons  to  be  voted  for  at  said  election. 
For  the  purposes  of  said  election  the  board  of  supervisors  must  estab- 
lish a  convenient  number  of  election  precincts  in  said  proposed  district, 
and  define  the  boundaries  of  the  same.  Such  election  shall  be  con- 
ducted as  nearly  as  practicable  in  accordance  with  the  general  election 
laws  of  the  state,  but  no  particular  form  of  ballot  shall  be  required. 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351; 
CuUen  vs.  Glendora  Water  Co.,  113  Cal.  503; 
Links  vs.  Anderson  (Ore.).  168  Pac.  1182; 
Ells  vs.  Board  of  Supervisors,  38  Cal.  App.  480. 

Officers  to  be  elected. 

Sec.  7.  At  such  election  there  shall  be  elected  a  board  of  directors, 
and  an  assessor,  tax  collector,  and  treasurer;  provided,  that  where  a 
consolidation  of  officers  as  hereinafter  provided  for  is  deemed  advisable 
in  the  organization  of  a  district,  the  petitioners  may  request  in  their 
petition  for  organization  such  consolidation,  and  the  board  of  super- 
visors calling  the  election  shall  in  its  order  therefor  announce  such 
consolidation,  and  then  only  one  person  shall  be  elected  to  fill  the 
several  offices  so  consolidated. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  21 

Qualifications  of  electors. 

Sec.  8.  No  person  shall  be  entitled  to  vote  at  any  election  held  under 
the  provisions  of  this  act  unless  he  possesses  all  the  qualifications 
required  of  electors  under  the  general  election  laws  of  the  state. 

In  re  Madera  Irr.  District,  92  Cal.  321. 

Canvass  of  votes;  majority  to  determine  organization. 

Sec.  9t.  The  board  of  supervisors  shall  meet  on  the  second  Monday 
succeeding  such  election,  and  shall  proceed  to  canvass  the  votes  cast 
thereat,  and  if  upon  such  canvass  it  appears  that  a  majority  of  all  the 
votes  cast  are  "Irrigation  District — Yes,"  said  board  shall,  by  an  order 
entered  on  its  minutes  declare  the  territory  duly  organized  as  an 
irrigation  district,  under  the  name  theretofore  designated,  and  shall 
declare  the  persons  receiving  respectively  the  highest  number  of  votes 
at  said  election  to  be  duly  elected.     (Stats.  1919,  p.  718.) 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14-19; 
Progressive  Irr.  Dist.  vs.  Anderson  (Idaho),  114  Paa  16. 

Order  to  be  filed  with  county  recorder. 

Sec.  10.  Said  board  shall  then  cause  a  copy  of  such  order,  duly 
certified,  to  be  immediately  filed  for  record  in  the  office  of  the  county 
recorder  of  any  county  in  which  any  portion  of  the  lands  embraced  in 
such  district  are  situated,  and  must  also  immediately  forward  a  copy 
thereof  to  the  clerk  of  the  board  of  supervisors  of  each  of  said  last- 
mentioned  counties,  and  no  board  of  supervisors  of  any  county  in 
which  any  portion  of  the  lands  embraced  in  such  district  are  situated 
shall,  after  the  date  of  the  organization  thereof,  allow  another  district 
to  be  formed  including  any  portion  of  said  lands,  without  the  consent 
of  the  board  of  directors  of  the  district  in  which  they  are  situated. 
From  and  after  such  filing,  the  organization  of  such  district  shall  be 
complete. 

Courts  have  no  power  to  dissolve  an  Irrigation  district  in  the  absence  of 
statutory  authority. 

People  vs.  Sehna  Irrigation  Dist.,  98  Cal.  206. 

When  the  organization  of  the  district  has  been  declared  by  order  of  the  board 
of  supervisors,  the  order  is  notice  to  its  inhabitants  and  to  the  world  of  its 
existence  and  of  its  boundaries. 

Fogg  vs.  Perris  Irr.  District,  154  Cal.  209  ; 

Progressive  Irr.  Dist.  vs.  Anderson  (Idaho),  114  Pac.  16. 


Ser-vis  vs.  Victor  Valley  Irr.  Dist.,  190  Cal.  732. 

Election  may  be  contested;  appeal. 

Sec.  11.  Such  election,  on  organization,  may  be  contested  by  any 
person  owning  property  within  the  proposed  district  liable  to  assess- 
ment. The  directors  elected  at  such  election  shall  be  made  parties 
defendant.  Such  contest  shall  be  brought  in  the  superior  court  of  tlie 
county  where  the  petition  for  organization  is  filed;  provided,  that  if 
more  than  one  contest  be  pending  they  shall  be  consolidated  and  tried 
together.  The  court  having  jurisdiction  shall  speedily  try  such  con- 
test, and  determine,  upon  the  hearing,  whether  the^  election  was  fairly 
conducted  and  in  substantial  compliance  with  the  requirements  of  this 
act,  and  enter  its  judgment  accordingly.     Such  contest  must  be  brought 


22  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

within  twenty  days  after  the  canvass  of  the  vote  and  declaration  of 
the  result  by  the  board  of  supervisors.  The  right  of  appeal  is  hereby 
given  to  either  party  to  the  record  within  thirty  days  from  entry  of 
judgment.  The  appeal  must  be  heard  and  determined  by  the  supreme 
court  within  sixty  days  from  the  time  of  filing  the  notice  of  appeal. 

Tenure  of  office. 

Sec.  12.  The  officers  elected  at  the  election  hereinbefore  provided 
for  shall  immediately  enter  upon  their  duties  as  such,  upon  qualifying 
in  the  manner  for  such  officers  herein  provided.  Said  officers  shall 
hold  office  respectively  until  their  successors  are  elected  and  qualified. 

Officers  of  irrigation  district  are  public  officers. 
In  re  Madera  Irr.  District,  92  Cal.  296 ; 
People  vs.  Selma  District,  98  Cal.  206. 

DUTIES  AND  POWERS  OF  THE  BOARD  OF  DIRECTORS. 
Organization. 

Sec.  13.  The  directors  of  any  district  created  after  the  passage  of 
this  act,  on  the  first  Tuesday  after  they  have  been  declared  elected  and 
after  they  shall  have  qualified,  shall  meet  and  classify  themselves  by 
lot  into  two  classes,  as  nearly  equal  in  number  as  possible,  and  the  term 
of  office  of  the  class  having  the  less  number  shall  expire  at  the  next 
general  February  election  in  this  act  provided  for ;  and  the  term  of  office 
of  the  class  having  the  greater  number  shall  terminate  at  the  next 
general  February  election  thereafter.  After  such  classification,  said 
directors  shall  organize  as  a  board,  shall  elect  a  president  from  their 
number,  and  appoint  a  secretary,  who  shall  each  hold  office  during 
the  pleasure  of  the  board.  The  salary  of  the  secretary  and  the  amount 
of  the  bond  to  be  given  by  him  for  the  faithful  performance  "Xii  his 
duties  shall  be  fixed  by  the  board  of  directors.     (Stats.  1921,  p.  859.) 

Board  of  directors  have  no  power  to  appoint  their  own  members  as  secretary 
or  superintendent. 

Interstate  Trust  Co.  vs.  Steel  (Colo.),  173  Pac.  873-5. 

Monthly  meetings;  quorum. 

Sec.  14.  The  board  of  directors  shall  hold  a  regular  meeting  on  the 
first  Tuesday  of  each  month  at  the  place  selected  as  the  office  of  the 
board;  provided,  that  the  board  may,  by  resolution  duly  entered  upon 
its  minutes,  fix  any  other  time  as  the  time  for  its  regular  monthly  meet- 
ing, but  no  change  in  the  time  of  holding  regular  meetings  of  the 
board  shall  be  made  until  after  the  resolution  proposing  such  change 
has  been  published  once  a  week  for  two  successive  weeks  in  a  newspaper 
published  in  the  county  in  which  the  office  of  the  district  is  kept.  Such 
special  meetings  of  the  board  of  directors  may  be  held  as  may  be 
required  for  the  proper  transaction  of  the  business  of  the  district,  but 
a  special  meeting  must  be  ordered  by  a  majority  of  the  board.  The 
order  must  be  entered  of  record,  and  five  days  notice  thereof  must  by 
the  secretary  be  given  to  each  director  not  joining  in  the  order.  The 
order  must  specify  the  business  to  be  transacted,  and  no  other  business 
than  that  specified  in  the  order  may  be  transacted  at  such  special 
meeting,  unless  all  the  members  are  present  and  consent  to  the  con- 
sideration of  any  business  not  specified  in  said  order.     All  meetings  of 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  23 

the  board  must  be  public  and  three  members  shall  constitute  a  quorum 
for  the  transaction  of  business;  provided,  however,  that  when  the 
board  consists  of  three  members  only,  then  in  such  case  two  shall  consti 
tute  a  quorum  for  the  transaction  of  business,  but  on  all  questions 
requiring  a  vote,  except  a  motion  to  adjourn  or  a  motion  to  adjourn  to 
a  stated  time,  there  shall  be  a  concurrence  of  at  least  the  number 
constituting  a  quorum.  A  smaller  number  of  directors  than  a  quorum 
may  adjourn  from  day  to  day.  All  records  of  the  board  shall  be  open 
to  public  inspection  during  business  hours.  Whenever  smy  act  is 
required  to  be  done  or  proceeding  taken  by  this  act,  or  by  an  act  sup- 
plemental or  amendatory  thereto,  on  the  first  Tuesday  in  any  month, 
such  act  may  be  done  or  proceeding  had  upon  the  day  specified  in  the 
resolution  hereinbefore  referred  to  as  the  time  for  the  regular  meeting 
of  the  board  of  directors;  provided,  also,  that  when  a  day  other  than  the 
first  Tuesday  in  the  month  shall  have  been  specified  as  the  time  for 
the  regular  meeting  of  the  board  of  directors,  thereafter  the  newly 
elected  officers  of  the  district  shall  take  effect  at  noon  on  the  day  fixed 
for  the  regular  monthly  meeting  of  said  board  in  March  and  said  board 
shall  meet  for  reorganization  and  the  transaction  of  any  other  business 
of  the  district  in  the  afternoon  of  said  day.     (Stats.  1917,  p.  755.) 

Imperial  Land  Co.  vs.  Imperial  Irr.  District,  173  Cal.  660-5. 

Publication  of  financial  condition. 

Sec.  14a.  The  board  of  directors  at  their  regular  monthly  meeting 
in  Januars^  of  each  year  shall  render  and  immediately  thereafter  cause 
to  be  published  a  verified  statement  of  the  financial  condition  of  the 
district,  showing  particularly  the  receipts  and  disbursements  of  the  last 
preceding  year,  together  with  the  source  of  such  receipts  and  purpose 
of  such  disbursements.  Said  publication  shall  be  made  at  least  once 
a  week  for  two  weeks,  in  some  newspaper  published  in  the  county 
where  the  office  of  the  board  of  directors  of  such  district  is  situated. 
(Stats.  1917,  p.  756.) 

General  powers  of  directors. 

Sec.  15.  The  board  of  directors  shall  have  the  power  and  it  shall 
be  their  duty  to  manage  and  conduct  the  business  and  aflftairs  of  the 
district ;  make  and  execute  all  necessary  contracts ;  employ  and  appoint 
such  agents,  officers,  and  employees  as  may  be  required,  and  prescribe 
their  duties.^  The  board  and  its  agents  and  employees  shall  have  the 
right  to  enter  upon  any  land  to  make  surveys,  and  may  locate  the  neces- 
sary irrigation  works  and  the  line  for  canal  or  canals,  and  the  necessary 
branches  for  the  same  on  any  lands  which  may  be  deemed  best  for 
such  location.  Said  board  shall  also  have  the  right  to  acquire,  by  pur- 
chase, lease,  contract,  condemnation,^  or  other  legal  means,  all  lands, 
and  waters,  and  water  rights,  and  other  property  necessary  for  the  con- 
struction, use,  supply,  maintenance,  repair  and  improvements  of  said 
canal,  or  canals,  and  works,  whether  in  this  or  in  other  states  ^  or  in  a 

'Section  7  of  the  "Workmen's  Compensation,  Insurance  and  Safety  Act  of  1917  (as 
amended  by  Stats.  1919.  p.  913)  provides  that  the  term  "employer"  as  used  in  the 
act,  shall  be  construed  to  include  irrigration  districts. 

'For  power  of  district  to  tal<e  immediate  possession  of  right  of  way  in  eminent 
domain  proceedings,  see  Art.  I,  Sec.  14,  of  the  Constitution,  page  9  hereof. 

'For  regulations  governing  agreements  with  irrigation  districts  in  adjoining  states, 
see  supplementai-y  act  of  1917   (Stats.  1917,  p.  905). 


24  CALIFORNIA    IRRIGATION    DISTRICT   LAWS, 

foreign  nation,  including  canals,  and  works  constructed  and  being  con- 
structed by  private  owners,*  lands  for  reservoirs  for  the  storage  of 
needful  waters,  and  all  necessary  appurtenances,  and  also  where  neces- 
sary or  convenient  to  said  ends  to  acquire  and  hold  the  stock  of  other 
corporations  domestic  or  foreign  ^  ow^ning  waters,  canals,  water  works, 
franchises,  concessions  or  rights.  Said  board  may  enter  into,  and  do 
any  acts  necessary  or  proper  for  the  performance  of  any  agreements 
with  the  United  States  °  or  any  state,  county,  district  of  any  kind,  public 
or  private  corporation,  association,  firm  or  individual,  or  any  number  of 
them,  for  the  joint  acquisition,  construction,  leasing,  ownership,  dis- 
position, use,  management,  maintenance,  repair  or  operation  of  any 
rights,  works  or  other  property  of  a  kind  which  might  lawfully  be 
acquired  or  owned  by  the  irrigation  district,  and  may  acquire  the  right 
to  store  water  in  any  reservoirs  or  to  carry  water  through  any  canal, 
ditch  or  conduit  not  owned  or  controlled  by  the  district,  and  may  grant 
to  any  owner  or  lessee  of  the  right  to  the  use  of  any  water  the  right 
to  store  such  water  in  any  reservoir  of  the  district  or  to  carry  such 
water  through  any  canal,  ditch  or  conduit  of  the  district.  (Said  board 
may  also  enter  into  and  do  any  acts  necessary  or  proper  for  the  per- 
formance of  any  agreement  with  any  district  of  any  kind,  public  or 
private  corporation,  association,  firm  or  individual,  or  any  number  of 
them,  for  the  transfer  or  delivery  to  any  such  district,  corporation, 
association,  firm  or  individual,  of  any  water  right  or  water  pumped, 
stored,  appropriated,  or  otherwise  acquired  or  secured  for  the  use  of 
the  irrigation  district  or  for  the  purpose  of  exchanging  the  same  for 
other  water  or  water  right  or  water  supply  in  exchange  for  w^ater  or 
water  right  or  water  supply  to  be  delivered  or  transferred  to  said 
irrigation  district  by  the  other  party  to  said  agreement.  (Stats.  1925, 
p.  460.) 

Irrigation  district  may  sue  and  be  sued. 

Boehmer  vs.  Big  Rock  Irr.  Dist.,  117  Cal.  19  ; 
Peters  vs.  Union  Gap  Irr.  Dist.  (Wash.),  167  Pac.  1085; 
Danley   vs.    Merced  Irrigation   District   et   al.,   43    Cal.   App.    565;    67   Cal. 
Dec.  403  ; 

Noon  vs.  Gem  Irr.  District,  205  Fed.  402. 

Power  of  directors  to  malte  contracts : 

Board  of  Directors  vs.  Peterson  (Ore.),  128  Pac.  837; 

Colburn  vs.  Wilson  (Idaho),  130  Pac.  381; 

Hansen  vs.  Kittitas  Dist.    (Wash.),  134  Pac.  1083; 

Warm  Springs  Irr.  Dist.  vs.  Pacific  Live  Stock  Company  (Ore.),  173  Pac.  265. 

"Property  necessary"  includes  pipeline : 

Rialto  Irr.  Dist.  vs.  Brandon,  103  Cal.  384. 


Bv^chmann  vs.  Turlock  Irr.  Dist.,  47  Cal.  App.  321; 

N.  P.  Ry.  Co.  vs.  John  Day  Irr.  Dist.  (Oregon),  211  Pac.  781. 

Sec.  T5«.     (Repealed  Stats.  1919,  p.  661,  Ch.  339.) 

Dams;  conveyances. 

Sec.  15b.  The  board  of  directors  of  any  irrigation  district  may  also 
construct  the  necessary  dams,  reservoirs,  and  works  for  the  collection 

♦The  procedure  before  'the  Railroad  Commission  for  the  valuation  of  the  property 
of  a  public  utility  in  condemnation  proceedings  instituted  by  a  district  is  prescribed 
in  sections  47  and  70  of  the  Public  Utilities  Act  (as  amended  by  Stats.  1917,  p.  261). 

"Districts  are  given  authority  to  acquire  the  stock  of  any  foreign  corporation  own- 
ing a  system  in  a  foreign  country  by  Art.  IV,  Sec.  31,  of  the  Constitution,  page  9  hereof. 

"Authority  to  enter  into  agreements  with  the  United  States  government  under  the 
federal  reclamation  laws  is  given  by  Stats.  1917,  p.  243  and  p.  781.  Supplementary 
powers  are  also  given  by  Stats.  1907,  p.  569,  providing  for  drainage  by  districts,  and 
Stats.  1913,  p.  75,  permitting  the  employment  of  agricultural  experts  by  districts. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  25 

of  water  for  said  district,  and  do  any  and  every  lawful  act  necessary 
to  be  done,  that  sufficient  water  may  be  furnished  to  each  landowner  in 
said  district  for  irrigation  and  domestic  purposes ;  provided,  that  where, 
within  irrigation  districts  mutual  water  companies  have  been  organ- 
ized to  furnish  water  to  certain  specified  lands  within  said  districts, 
the  board  of  directors  of  such  districts  are  hereby  authorized  and 
empowered  to  contract  for  the  delivery  of  water  for  such  lands  as  lie 
within  the  boundary  of  said  water  companies,  through  said  mutual 
water  companies  only.  The  said  board  is  hereby  authorized  and 
empowered  to  take  conveyances,  leases,  contracts  or  other  assurances 
for  all  property  acquired  by  it  under  the  provisions  of  this  act,  in  the 
name  of  such  irrigation  district,  to  and  for  the  uses  and  purposes  herein 
expressed,  and  to  institute  and  maintain  any  and  all  actions  and 
proceedings,  suits  at  law  or  in  equity  necessary  or  proper  in  order  to 
fully  carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain, 
protect  or  preserve  any  and  all  rights,  privileges  and  immunities  created 
by  this  act,  or  acquired  in  pursuance  thereof.  And  in  all  courts, 
actions,  suits  or  proceedings,  the  said  board  may  sue,  appear  and  defend 
in  person  or  by  attorneys,  and  in  the  name  of  such  irrigation  district. 
(Stats.  1917,  p.  758.) 

Right  to  contract  with  mutual  water  company  to  deliver  water  to  district  sus- 
tained under  Idaho  statute. 

Pioneer  Irr.  Dist.  vs.  Stone  (Idaho),  130  Pac.  382. 

Rules  for  use  of  water. 

Sec.  15c.  It  shall  be  the  duty  of  the  board  of  directors  of  any  irri- 
gation district  to  establish  equitable  by-laws,  rules  and  regulations  for' 
the  distribution  and  use  of  water  among  the  owners  of  said  lands, 
which  must  be  printed  in  convenient  form  for  distribution  in  the 
district.  Said  board  shall  have  power  generally  to  perform  all  such 
acts  as  shall  be  necessary  to  fully  carry  out  the  purposes  of  this  act. 
(Stats.  1917,  p.  758.) 

General  and  Implied  powers : 

City  of  Nampa  vs.  Nampa,  etc.  Dist.  (Idaho),  131  Pac.  8  ; 
Stevens  vs.  Melville  (Utah),  175  Pac.  602-4. 

Power  to  make  and  enforce  rules : 

Hamp  vs.  State  (Wyo.),  118  Pac.  653,  662; 

La  Mesa  Community  Ditch  vs.  Appelzoeller  (N.  Mex.),  140  Pac.  1051. 

See  also  Sec.  18  hereof. 


Nelson  vs.  Anderson-Cottonwood  Irr.  Dist.,  51  Cal.  App.  92. 

Change  election  precincts;  lease  canals. 

Sec.  15d.  The  board  of  directors,  when  they  deem  it  advisable  for 
the  best  interests  of  the  district,  and  the  convenience  of  the  electors 
thereof,  may  at  any  time,  but  not  less  than  sixty  days  before  an  election 
to  be  held  in  the  district,  change  the  boundaries  of  the  divisions  or 
election  precincts  of  the  district  or  of  both;  provided,  such  changes 
shall  be  made  to  keep  each  division  as  nearly  equal  in  area  and  popula- 
tion as  may  be  practicable.  Such  change  of  boundaries  of  the  divisions 
and  precincts  must  be  shown  on  the  minutes  of  the  board.  The  board 
of  directors  of  any  irrigation  district  now  or  that  may  hereafter  be 
organized  in  the  state,  shall  also  have  the  power,  and  such  board  is 
hereby  vested  with  the  authority,  to  lease  the  system  of  canals  and 


26  CAUFORNIA    IRRIGATION   DISTRICT   LAWS. 

works  in  the  district,  or  any  part  thereof,  whenever  such  leasing  may 
be  for  the  benefit  of  the  district ;  pronided,  that  when  the  directors  of 
any  irrigation  district  contemplate  the  leasing  of  the  canals  and  works 
of  such  district,  they  shall  give  notice  of  such  contemplation  by  pub- 
lishing the  same  in  some  newspaper  published  in  the  county  in  which 
such  irrigation  district  lies,  at  least  three  weeks  prior  to  the  making  of 
any  lease,  and  such  lease  shall  be  made  to  the  highest  bidder.  But  such 
board  shall  have  the  right  to  reject  any  and  all  such  bids.  Such  lease 
shall  in  no  way  interfere  with  any  rights  that  may  have  been  established 
by  law,  at  the  time  such  lease  is  made ;  and,  further  provided,  that  the 
board  of  directors  shall  require  a  good  and  sufficient  bond  to  secure 
faithful  performance  of  the  lease  by  the  lessees.     (Stats.  1917,  p.  758.) 

Lease  or  transfer  of  property : 

Byington  vs.  Sacramento  Valley,  etc.,  Co.,  170  Cal.  124,  130. 

Sec.  15^.     (Renumbered  as  section  15d  by  Stats.  1917,  p.  758.) 

Condemnation  proceedings. 

Sec.  16.  In  case  of  condemnation  proceedings  the  board  shall  pro- 
ceed, in  the  name  of  the  district,  under  the  provisions  of  title  seven, 
part  three  of  the  Code  of  Civil  Procedure  of  the  State  of  California, 
and  all  pleadings,  proceedings,  and  process  in  said  title  provided  shall 
be  applicable  to  the  condemnation  proceedings  hereunder.^  (Stats. 
1917,  p.  759.) 

Condemnation,  procedure : 

Warm  Springs  Jrr.  Dist.  vs.  Pacific  Live  Stock  Co.  (Ore.),  173  Pac.  265. 

Power  to  condemn  canals  and  water  rights  of  irrigation  district  for  more  necessary 
public  use,  queried: 

Colbum  vs.  Wilson  (Idaho),  130  Pac  381. 

Showing  of  necessity: 

Rialto  Irr.  Dist.  vs.  Brandon,  103  Cal.  384. 

Taking  possession  before  judgment.     Const.,  Art.  I,  Sec.  14 : 

Marblehead  Land  Co.  vs.  Superior  Court.  40  Cal.  App.  Dec.  291. 

WATER  REGULATIONS. 
Water  regulations. 

Sec.  17.  The  use  of  all  water  required  for  the  irrigation  of  the 
lands  of  any  district  formed  under  the  provisions  of  this  act,  or  the 
act  of  which  this  is  supplementary  or  amendatory,  and  for  domestic 
and  other  incidental  and  beneficial  uses,  within  such  district.^  together 
with  the  rights  of  way  for  canals  and  ditches,^  sites  for  reservoirs,  and 
all  other  property  required  in  fully  carrying  out  the  provisions  of  this 
act  is  hereby  declared  to  be  a  public  use,  subject  to  the  regulation  and 
control  of  the  state,  in  the  manner  prescribed  by  law.  (Stats.  1911, 
p.  512.) 

Apportionment  of  water. 

Sec.  18.  It  is  hereby  expressly  provided  that  all  waters  distributed 
for  irrigation  purposes  shall  be  apportioned  ratably  to  each  land  owner 

•For  power  of  district  to  take  Immediate  possession  of  right  of  way  in  eminent 
domain  proceedings,  see  Art.  I,  Sec.  14.  of  the  Constitution,  page  9  hereof. 

'See  Art.  XIV,  Sec.  1,  of  the  Constitution,  page  10  hereof,  declaring  use  of  water  a 
public  use.  Also,  see  p.  110  hereof,  "An  act  regarding  irrigation  and  declaring  the 
same  to  be  a  public  use,"  approved  May  1',  1911,  Stats,  1911,  p.  1407. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  27 

upon  the  basis  of  the  ratio  which  the  last  assessment  of  such  owner  for 
district  purposes  within  said  district  bears  to  the  whole  sum  assessed 
upon  the  district;  and  any  land  owner  may  assign  the  right  to  the 
wholt^  or  any  portion  of  the  waters  so  apportioned  to  him ;  provided, 
that  when  any  rates  of  toll  and  charges  for  the  use  of  water  are  fixed 
by  the  board  of  directors,  as  provided  in  section  fifty-five  of  this  act, 
the  water  for  the  use  of  which  such  rates  of  toll  and  charges  have  been 
fixed  shall  be  distributed  equitably,  as  may  be  provided  by  the  board 
of  directors,  among  those  offering  to  make  the  required  payment  there- 
for; and  provided,  further,  that  if  an  irrigation  district  has  contracted 
to  deliver,  and  is  delivering,  water  to  mutual  water  companies  for 
distribution  to  territory  served  thereby,  the  water  shall  be  apportioned 
on  such  a  basis  as  the  board  of  directors  shall  find  to  be  just  and 
equitable  and  for  the  best  interests  of  all  parties  concerned.  (Stats. 
1919,  p.  661.) 

Board  of  Directors  vs.  Tregea,  88  Cal.  334  ; 

Hewitt  vs.  S.  J.  and  P.  V.  Irr.  Dist.,  124  Cal.  186; 

Merchants,  etc.  Bank  vs.  Escondido  Seminary,  144  Cal.  329; 

Jennison  vs.  Redfield,  149   Cal.   500; 

Nelson  vs.  Anderson-Cottonwood  Irr.  Dist.,  34  C.  A.  D.  316  ; 

See  also  Sec.   15c  hereof. 

Buschmann  vs.  Turlock  Irr.  Dist.,  47  Cal.  App.  321 ; 

Nelson  vs.  Anderson-Cottonwood  Irr.  Dist.,  51  Cal.  App.  92. 

GENERAL  ELECTIONS. 
Irrigation  district  officers  to  be  elected. 

Sec  19.  An  election,  which  shall  be  known  as  the  general  irrigation 
district  election,  shall  be  held  in  each  irrigation  district  on  the  first 
Wednesday  in  February  in  each  odd-numbered  year,  at  which  a  suc- 
cessor shall  be  chosen  to  each  officer  whose  term  shall  expire  in  March 
next  thereafter.  The  person  receiving  the  highest  number  of  votes  for 
each  office  to  be  filled  at  such  election  shall  be  elected  thereto.  The 
elective  officers  of  an  irrigation  district  shall  be  as  many  directors  as 
there  are  divisions  in  the  district,  and  an  assessor,  a  collector  and  a 
treasurer;  provided,  that  if  any  two  or  more  offices  shall  have  been 
consolidated  as  provided  in  section  seven  or  section  twenty-seven  hereof, 
only  one  person  shall  be  elected  to  fill  such  consolidated  offices.  The  term 
of  office  of  each  elective  officer  of  an  irrigation  district  elected  at  or 
after  the  general  irrigation  district  election  in  one  thousand  nine  hun- 
dred nineteen  shall  be  four  years,  or  until  his  successor  is  elected  and 
has  qualified.     (Stats.  1917,  p.  759.) 

N.  P.  Ry.  Co.  vs.  John  Day  Irr.  Dist.  (Oregon),  211  Pac.  781. 

Official  bonds. 

Sec  19o.  Within  ten  days  after  receiving  their  certificates  of  elec- 
tion hereinafter  provided  for,  said  officers  shall  take  and  subscribe  the 
official  oath,  and  file  the  same  in  the  office  of  the  board  of  directors, 
and  execute  the  bond  hereinafter  provided  for.  The  assessor  shall 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  and  the 
collector  an  official  bond  in  the  sum  of  twenty  thou.sand  dollars,  and 
the  district  treasurer  an  official  bond  in  the  sum  of  fifty  thousand  dol- 
lars; each  of  said  bonds  to  be  approved  by  the  board  of  directors; 
provided,  that  the  board  of  directors  may,  if  it  shall  be  deemed  advis- 
able, fix  the  bonds  of  the  treasurer  and  collector,  respectively,  to  suit 


28  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

the  conditions  of  the  district,  the  maximum  amount  of  the  treasurer's 
bond  not  to  exceed  fifty  thousand  dollars,  and  the  minimum  amount 
thereof  not  to  be  less  than  ten  thousand  dollars;  and  the  maximum 
amount  of  the  collector's  bond  not  to  exceed  twenty  thousand  dollars, 
and  the  minimum  amount  of  the  collector's  bond  not  to  be  less  than 
five  thousand  dollars.  Each  member  of  said  board  of  directors  shall 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  which  said 
bonds  shall  be  approved  by  the  judge  of  the  superior  court  of  said 
county  where  such  organization  was  effected,  and  shall  be  recorded  in 
the  office  of  the  county  recorder  thereof,  and  filed  with  the  secretary  of 
said  board.  All  official  bonds  herein  provided  for  shall  be  in  the  form 
prescribed  by  law  for  the  official  bonds  of  county  officers  and  the 
premiums  thereon  may  be  paid  by  the  district ;  provided,  that  In  case 
any  district  organized  under  this  title  is  appointed  fiscal  agent  of  the 
United  States  or  by  the  United  States  in  connection  with  any  federal 
reclamation  project,  each  of  said  officers  shall  execute  a  further  and 
additional  official  bond  in  such  sum  as  the  secretary  of  the  interior  may 
require,  conditioned  for  the  faithful  discharge  of  the  duties  of  his  office 
and  the  faithful  discharge  by  the  district  of  its  duties  as  fiscal  or  other 
agent  of  the  United  States  under  any  such  appointment  or  authoriza- 
tion, and  any  such  bond  may  be  sued  upon  by  the  United  States  or  any 
person  injured  by  the  failure  of  such  officer  or  the  district  to  fully, 
promptlv  and  completelv  perform  their  respective  duties.  (Stats.  1917, 
p.  760.)"  ^       ' 

Porm  and  condition  of  oflficial  bond : 

Political  Code,  sections  954,  958. 

Vacancy  created  by  failure  of  officer  to  qualify : 
Political  Code,  section  996,  subdivision  9. 

If  election  be  not  held. 

Sec.  19&.  If  an  election  is  not  held  as  herein  provided,  then  upon 
the  filing  of  a  petition  with  the  secretary  of  the  board  of  directors  of 
such  district,  signed  by  ten  per  cent  of  the  electors  residing  within 
the  boundaries  of  any  such  irrigation  district,  requesting  that  a  special 
election  be  called  for  the  election  of  such  officers,  the  directors  of  such 
district  shall  thereupon  call  a  special  election  thereof  for  the  election 
of  such  officers,  such  election  to  be  held  within  not  less  than  fifteen,  nor 
more  than  thirty  days  after  the  filing  of  such  petition.  (Stats.  1917, 
p.  760.) 

Beginning  of  term;  organization  of  board. 

Sec.  20.  At  noon  of  the  first  Tuesday  in  March  next  following 
their  election,  except  as  provided  in  section  fourteen  of  this  act,  the 
officers  who  shall  have  been  elected  at  the  preceding  general  irrigation 
district  election  shall  enter  upon  the  duties  of  their  respective  offices. 
On  the  first  Tuesday  in  March  next  following  each  election,  the  directors 
shall  meet  and  organize  as  a  board,  elect  a  president  and  appoint  a 
secretary,  who  shall  each  hold  office  during  the  pleasure  of  the  board. 
(Stats.  1917,  p.  761.) 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  29 

Notice  of  elections;  election  officers. 

Sec.  21.  Fifteen  days  before  any  election  held  under  this  act,  sub- 
sequent to  the  organization  of  any  district,  the  secretary  of  the  board 
of  directors  shall  cause  notices  to  be  posted  in  three  public  places  in 
each  election  precinct,  of  the  time  and  place  of  holding  the  election, 
and  shall  also  post  a  general  notice  of  the  same  in  the  office  of  said 
board,  which  shall  be  established  and  kept  at  some  fixed  place,  to  be 
determined  by  said  board,  specifying  the  polling  places  of  each  precinct. 
Prior  to  the  time  for  posting  the  notices,  the  board  must  appoint  for 
each  precinct,  from  the  electors  thereof,  one  inspector,  two  judges  and 
two  clerks,  or  at  their  option  one  inspector,  one  judge  and  one  clerk, 
who  shall  in  either  case  constitute  a  board  of  election  for  such  precinct. 
If  the  board  fail  to  appoint  a  board  'of  election,  or  the  members 
appointed  do  not  attend  at  the  opening  of  the  polls  on  the  morning  of 
election,  the  electors  of  the  precinct  present  at  that  hour,  may  appoint 
the  board,  or  supply  the  place  of  an  absent  member  thereof.  The  board 
of  directors,  must,  in  its  order  appointing  the  board  of  election,  desig- 
nate the  house  or  place  within  the  precinct  where  the  election  must  be 
held.     (Stats.  1921,  p.  860.) 

Powers  and  duties  of  election  officers. 

Sec.  22.  The  inspector  is  chairman  of  the  election  board  and  may 
administer  all  oaths  required  in  the  process  of  an  election ;  and  appoint 
judges  and  clerks,  if,  during  the  progress  of  the  election,  any  judge  or 
clerk  cease  to  act.  Any  member  of  the  board  of  election  may  administer 
and  certify  oaths  required  to  be  administered  during  the  progress  of  an 
election.  Before  opening  the  polls,  each  member  of  the  board  must  take 
and  subscribe  an  oath  to  faithfully  perform  the  duties  imposed  upon 
them  by  law.  Any  electors  of  the  precinct  may  administer  and  certify 
such  oath.  The  polls  must  be  opened  at  six  a.m.  on  the  morning  of  the 
election,  and  be  kept  open  until  seven  p.m.,  when  the  same  must  be 
closed;  provided,  however,  the  board  of  directors  may  in  the  notice  of 
election  as  provided  in  section  twenty-one  of  this  act  provide  that  the 
polls  shall  be  open  from  eight  a.m.  to  four  p.m.,  at  which  times  the 
polls  shall  be  opened  and  closed  respectively.     (Stats.  1921,  p.  860.) 

Opening  and  closing  polls : 

Board  of  Directors  vs.  Abtla.  106  Cal.  365. 

Ballots;  manner  of  voting. 

Sec.  22a.  The  ballot  used  at  the  election  shall  be  provided  by  the 
board  of  directors,  and  one  of  the  clerks  of  election  shall  deliver,  to 
each  of  the  electors,  one  of  the  ballots  so  provided.  The  ballots  shall 
have  printed  on  them  the  names  of  all  candidates  whose  names  have 
been  filed  as  provided  in  this  act,  with  a  voting  square  behind  each 
name.  The  names  shall  be  arranged  in  groups,  alphabetically,  under 
the  designation  of  the  office  for  which  each  person  named  is  a  candidate. 
"Where  more  than  one  person  is  to  be  elected  for  an  office  of  the  same 

title,  the  words  "Vote  for (inserting  the  proper  number) "  shall 

be  printed  under  the  title  of  the  office.     Each  elector  shall  stamp  a 


30  CALJPORNIA   lEBIGATION   DISTRICT  LAWS. 

cross,  with  a  rubber  stamp  to  be  provided  by  the  board  of  directors,  in 
the  square  behind  the  name  of  each  candidate  he  wishes  to  vot«  for. 
(Stats.  1909,  p.  1062.) 

Form  of  ballot: 

Political  Code,  section  1197.  subdivision  8 : 
Edea  vs.  Haley  (Wash.),  162  Pac.  50. 

Nominating  petitions. 

Sec.  226.  Not  less  than  ten  days  before  the  election,  any  ten  or 
more  electors  in  the  district  may  file  with  the  board  of  directors  a 
petition,  requesting  that  certain  persons,  specified  in  such  petition  be 
placed  on  the  ballot  as  candidates  for  the  office  named  in  the  petition. 
The  names  proposed  by  the  various  petitions  so  filed,  and  no  othei*s, 
shall  be  printed  on  the  ballots.  But  there  shall  be  sufficient  blank 
spaces  left  in  which  electors  may  write  other  names  if  they  so  desire. 
The  petitions  shall  be  preserved  in  the  office  of  the  secretary  of  the 
district.     (Stats.  1909,  p.  1063.) 

Voting  and  counting  of  votes. 

Sec.  23.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and 
may  be  continued  during  all  the  time  the  polls  remain  opened,  and 
shall  be  conducted,  as  nearly  as  practicable,  in  accordance  with  the 
provisions  of  the  general  election  laws  of  this  state.  As  soon  as  all  the 
votes  are  counted,  a  certificate  shall  be  drawn  upon  each  of  the  papei-s 
containing  the  poll  lists  and  tallies,  or  attached  thereto,  stating  the 
number  of  votes  each  one  voted  for  has  received,  and  designating  the 
office  to  fill  which  he  was  voted  for,  which  number  shall  be  written  in 
figures  and  in  words  at  full  length.  Each  certificate  shall  be  signed 
by  the  clerk,  judge,  and  the  inspector.  One  of  said  certificates,  with  the 
poll  list  and  the  tally  paper  to  which  it  is  attached,  shall  be  retained 
by  the  inspector,  and  preserved  by  him  at  least  six  months.  The  ballots 
shall  be  strung  upwn  a  cord  or  thread  by  the  inspector,  during  the 
counting  thereof,  in  the  order  in  which  they  are  entered  upon  the  tally 
list  by  the  clerks;  and  said  ballots  together  with  the  other  of  said 
certificates,  with  the  poll  list  and  tally  paper  to  which  it  is  attached, 
shall  be  sealed  by  the  inspector  in  the  presence  of  the  judges  and  clerks, 
and  indorsed  "Election  returns  of  (naming  the  precinct)  precinct," 
and  be  directed  to  the  secretary  of  the  board  of  directors,  and  shall  be 
immediately  delivered  by  the  inspector,  or  by  some  other  safe  and 
responsible  carrier  designated  by  said  inspector,  to  said  secretary,  and 
the  ballots  shall  be  kept  unopened  for  at  least  six  months ;  and  if  any 
person  be  of  the  opinion  that  the  vote  of  any  precinct  has  not  been 
correctly  counted,  he  may  appear  on  the  day  appointed  for  the  board 
of  directors  to  open  and  canvass  the  returns,  and  demand  a  recount  of 
the  vote  of  the  precinct  that  is  so  claimed  to  have  been  incorrectly 
counted. 

Right  of  contest  of  election  of  officers  elected  at  irrigation  district  election : 
Hertle  vs.  Ball  (Idaho).  72  Pac.  »53 ; 
(See  also  Sec.  72.  infra.) 
Huck  vs.   Rathjen,  43  Cat.   App.   Dec.   557. 

Canvass  of  votes. 

Sec.  24.  No  list,  tally  paper,  or  certificate  returned  from  any 
election,  shall  be  set  aside  or  rejected  for  want  of  form,  if  it  can  be 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  31 

satisfactorily  understood.  The  board  of  directors  must  meet  at  its 
usual  place  of  meeting  on  the  first  Monday  after  each  election  to  can- 
vass the  returns.  If,  at  the  time  of  meeting,  the  returns  from  each 
precinct  in  the  district  in  which  the  polls  were  opened  have  been 
received,  the  board  of  directors  must  then  and  there  proceed  to  canvass 
the  returns;  but  if  all  the  returns  have  not  been  received,  the  canvass 
must  be  postponed  from  day  to  day  until  all  the  returns  have  been 
received,  or  until  six  postponements  have  been  had.  The  canvass  must 
be  made  in  public  and  by  opening  the  returns  and  estimating  the  vote 
of  the  district  for  each  person  voted  for,  and  declaring  the  result 
thereof. 

Canvassing  returns  and  declaring  result : 

Board  of  Directors  vs.  Abila,  106  Cal.  365; 
Edes  vs.  Haley  (Wash),  162  Pac.  50. 

Statement  of  results;  vacancies,  how  filled. 

Sec.  25.  The  secretary  of  the  board  of  directors  must,  as  soon  as  the 
result  is  declared,  enter  in  the  records  of  such  board  a  statement  of 
such  result,  which  statement  must  show:  (a)  The  whole  number  of 
votes  cast  in  the  district,  and  in  each  division  of  the  district;  (6)  the 
names  of  the  persons  voted  for;  (c)  the  office  to  fill  which  each  person 
was  voted  for;  (d)  the  number  of  votes  given  in  each  precinct  to  each 
of  such  persons;  (e)  the  number  of  votes  given  in  each  division  for 
the  office  of  director,  and  the  number  of  votes  given  in  the  district  for 
the  offices  of  assessor,  collector,  and  treasurer.  The  board  of  directors 
must  declare  elected  the  persons  having  the  highest  number  of  votes 
given  for  each  office.  The  secretary  must  immediately  make  out  and 
deliver  to  such  person  a  certificate  of  election,  signed  by  him,  and 
authenticated  with  the  seal  of  the  board. 

In  case  of  a  vacancy  in  the  office  of  assessor,  collector,  or  treasurer, 
the  vacancy  shall  be  filled  by  appointment  of  the  board  of  directors; 
provided,  that  if  said  board  of  directors  shall  neglect  or  refuse  to  make 
such  appointment  within  a  period  of  forty  days,  then  the  board  of 
supervisors  of  the  county  wherein  the  office  of  said  board  of  directors 
is  situated  shall  make  such  appointment.  In  case  of  a  vacancy  in  the 
office  of  director,  the  vacancy  shall  be  filled  by  appointment  by  the 
board  of  supervisors  of  the  county  where  the  office  of  such  board  of 
directors  is  situated,  from  the  division  in  which  the  vacancy  occurred. 
An  officer  appointed  as  above  provided  shall  hold  his  office  until  the  next 
regular  election  for  said  district,  and  until  his  successor  is  elected 
and  qualified. 

Quinton  vs.  Equitable  Investment  Co.,  196  Fed.  314  ; 
Drescher  vs.  Board  of  Supervisors,  65  Cal.  Dec.  515. 

Qualification  of  director. 

Sec.  26.  A  director  shall  be  a  resident  and  freeholder  of  the 
irrigation  district  and  a  resident  of  the  division  which  he  is  elected  to 
represent.     (Stats.  1917,  p.  761.) 

The  acts  of  an  officer,  though  not  qualified  for  want  of  residence  within  the 
district,  will  be  regarded  as  valid  acts  of  an  officer  de  facto. 
Baxter  vs.  Vineland  Irr.  Dist.,  136  Cal.  185,  193. 

Consolidation  of  offices. 

Sec.  27.  The  board  of  directors  may,  in  its  discretion,  consolidate 
any  two  or  more  of  the  offices  of  assessor,  collector,  and  treasurer.     The 


32  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

order  of  consolidation  must  be  made  at  least  thirty  days  prior  to  general 
election  of  the  district,  and  shall  take  effect  at  the  next  succeeding 
election ;  provided,  that  the  board  of  directors  may,  at  least  thirty  days 
before  a  general  election  of  the  district,  where  the  offices  have  been 
consolidated,  segregate  the  same,  each  office  to  be  filled  at  such  election. 

Appointment  of  deputies  by  treasurer. 

Sec.  27a.  The  treasurer  and  collector  of  any  irrigation  district  may 
appoint  as  many  deputies  as  may  be  necessary  for  the  prompt  and 
faithful  discharge  of  the  duties  of  his  office,  said  deputies  to  hold  office 
at  the  pleasure  of  the  appointing  power.  Such  appointment  must  be  in 
writing  and  filed  in  the  office  of  the  board  of  directors.  Every  such 
deputy  shall  take  and  file  an  oath  in  the  manner  required  of  his  principal 
before  assuming  the  duties  of  his  office.     (Stats.  1923,  p.  632.) 

Directors,  election  of  and  changing  number  of. 

Sec.  28.  In  any  district  the  board  of  directors  thereof  must,  if  a 
petition  therefore  signed  by  a  majority  of  the  holders  of  title  or  evidence 
of  title  to  the  lands  within  said  district  representing  a  majority  in  value 
of  said  lands  shall  have  been  filed  in  the  office  of  the  board  at  least 
seventy  days  before  the  next  ensuing  general  irrigation  district  election, 
make  an  order  that  the  number  of  directors  in  said  district  shall  be 
changed  to  three  or  five,  or  that  the  directors  shall  be  elected  by  the 
district  at  large  or  by  divisions,  or  that  both  the  number  of  directors  and 
the  method  of  their  election  shall  be  thus  changed,  as  may  be  requested 
in  said  petition;  or,  the  board  of  directors  on  its  own  initiative,  by 
resolution  adopted  not  less  than  fifty  days  before  the  next  ensuing  gen- 
eral irrigation  district  election,  may,  and  said  board  must,  if  a  petition 
therefor  signed  by  at  least  five  hundred  holders  of  title  or  evidence  of 
title  to  lands  ^vithin  said  district  representing  at  least  twenty  per  cent 
in  value  of  the  lands  within  said  district  shall  have  been  filed  in  the 
office  of  the  board  at  least  seventy  days  before  the  next  ensuing  general 
irrigation  district  election,  submit  to  the  qualified  electors  of  the  district 
at  said  election  the  question  whether  the  number  of  directors  in  said 
district  shall  be  changed  to  three  or  five,  or  whether  the  directors  shall 
be  elected  by  the  district  at  large  or  by  divisions,  or  whether  both  the 
number  of  directors  and  the  method  of  their  election  shall  be  thus 
changed.  If  upon  the  submission  of  said  question  at  an  election  as 
aforesaid,  a  majority  of  the  electors  voting  thereon  in  said  district  and 
a  majority  of  the  electors  voting  thereon  in  each  division  of  a  majority 
of  the  divisions  within  said  district  shall  approve  the  change,  or  changes, 
proposed  in  the  proposition  submitted,  the  board  of  directors  shall  make 
an  order  in  accordance  with  such  approval.  If  an  order  made  by  the 
board  of  directors  as  in  this  section  provided  shall  require  a  change  in 
the  method  of  electing  directors,  all  director  thereafter  elected  in  said 
district  shall  be  elected  by  divisions  or  by  the  district  at  large  as  may  be 
provided  in  said  order.  If  such  an  order  shall  require  a  change  in  the 
number  of  directors,  the  board  of  directors  shall  forthwith  redivide 
said  district  into  the  number  of  divisions  corresponding  to  the  number 
of  directors  specified  in  said  order,  and  the  terms  of  office  of  all  the 
directors  of  the  district  shall  expire  on  the  first  Tuesday  in  March  fol- 
lowing the  next  general  irrigation  district  election,  and  at  said  election 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  33 

the  number  of  directors  designated  in  said  order  shall  be  elected  and 
shall  enter  upon  the  duties  of  their  office  on  the  first  Tuesday  in  March 
next  following  their  election,  and  shall  classify  themselves  and  deter- 
mine the  length  of  their  respective  terms  in  the  manner  provided  in  this 
act  in  the  case  of  directors  elected  upon  the  organization  of  a  district. 
The  provisions  of  section  one  of  this  act  regarding  evidence  of  the 
genuineness  of  signatures  and  place  of  residence  of  petitioners  shall 
apply  to  the  petitions  provided  for  in  this  section.  If  a  question  is  sub- 
mitted to  the  electors  of  a  district  as  in  this  section  provided,  it  shall  be 
stated  on  the  ballot,  and  the  method  of  voting  thereon  shall  be,  as  nearly 
as  practicable  in  conformity  with  the  provisions  of  section  thirty  e  of 
this  act,  and  the  notice  of  election  shall  contain  a  statement  showing 
what  change  or  changes  are  proposed  in  the  question  thus  to  be  sub- 
mitted.    (Stats.  1923,  p.  83.) 

Abbey  vs.  Board  of  Directors,  58  Gal.  App.  757. 

Recall  of  officers. 

Sec.  28^.^  The  holder  of  any  elective  office  of  any  irrigation  district 
may  be  removed  or  recalled  at  any  time  by  the  electors;  provided,  he 
has  held  his  office  at  least  six  months.  The  provisions  of  this  section 
are  intended  to  apply  to  officials  now  in  office,  as  well  as  to  those  here- 
after elected.  The  procedure  to  effect  such  removal  or  recall  shall  be 
as  follows:  A  petition  demanding  the  election  of  a  successor  to  the 
person  sought  to  be  removed  shall  be  filed  with  the  secretary  of  the 
board  of  directors  of  such  district,  which  petition  shall  be  signed  by 
registered  voters  equal  in  number  to  at  least  twenty-five  per  cent  of  the 
highest  vote  cast  within  such  district  for  candidates  for  the  office,  the 
incumbent  of  which  is  sought  to  be  removed,  at  the  last  general  election 
in  such  district  at  which  an  incumbent  of  such  office  was  elected,  or,  in 
the  case  of  the  removal  of  the  incumbent  of  an  office  elected  by  a 
subdivision  of  such  district,  such  petition  shall  be  signed  by  a  like 
percentage  of  qualified  electors  of  such  subdivision  computed  upon  the 
total  number  of  votes  east  in  such  subdivision  for  all  candidates  for  the 
office,  the  incumbent  of  which  is  sought  to  be  removed,  at  the  last 
general  election  in  such  subdivision  at  which  an  incumbent  of  such 
office  was  elected;  and  said  petition  shall  contain  a  statement  of  the 
grounds  on  which  the  removal  or  recall  is  sought,  which  statement  is 
intended  solely  for  the  information  of  the  electors.  Any  insufficiency 
of  form  or  substance  in  such  statement  shall  in  nowise  affect  the  validity 
of  the  election  and  proceedings  held  thereunder.  The  signatures  to  the 
petition  need  not  all  be  appended  to  one  paper.  Each  signer  shall  add 
to  his  signature  his  place  of  residence,  giving  the  precinct,  and  if  within 
a  town  having  named  streets  and  numbered  houses,  street  and  number. 
Each  such  separate  paper  shall  have  attached  thereto  an  affidavit  made 
by  an  elector  of  the  district  and  sworn  to  before  an  officer  competent  to 
administer  oaths,  stating  that  the  affiant  circulated  that  particular 
paper  and  saw  written  the  signatures  appended  thereto;  and  that 
according  to  the  best  information  and  belief  of  the  affiant,  each  is  the 
genuine  signature  of  the  person  whose  name  purports  to  be  thereunto 
subscribed  and  of  a  qualified  elector  of  the  district.     Within  ten  days 

*  Removal  for  cause,  see  section  73,  infra. 
3—40508 


34  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

from  the  date  of  filing  such  petition,  the  secretary  of  the  board  shall 
examine  and  from  the  records  of  registration  ascertain  whether  or  not 
said  petition  is  signed  by  the  requisite  number  of  qualified  electors,  and 
he  shall  attach  to  said  petition  his  certificate  showing  the  result  of  said 
examination.  If  by  the  said  certificate  the  petition  is  shown  to  be  insuf- 
ficient, it  may  be  supplemented  within  ten  days  from  the  date  of  such 
certificate,  by  the  filing  of  additional  papers,  duplicates  of  the  original 
petition  except  as  to  the  names  signed.  The  secretary  shall,  within  ten 
days  after  such  supplementing  papers  are  filed,  make  like  examination 
of  a  supplementing  petition,  and  if  a  certificate  shall  show  that  all  the 
names  to  such  petition,  including  the  supplemental  papers,  are  still 
insufficient,  no  action  shall  be  taken  thereon;  but  the  petition  shall 
remain  on  file  as  a  public  record;  and  the  failure  to  secure  sufficient 
names  shall  be  without  prejudice  to  the  filing  later  of  an  entirely  new 
petition  to  the  same  effect.  If  the  petition  shall  be  found  to  be 
sufficient,  the  secretary  shall  sumbit  the  same  to  the  board  of  directors 
without  delay,  whereupon  the  board  shall  forthwith  cause  a  special 
election  to  be  held  within  not  less  than  thirty -five  nor  more  than  forty 
days  after  the  date  of  the  order  calling  such  election,  to  determine 
whether  the  voters  will  recall  such  officer;  provided,  that  if  a  general 
election  is  to  occur  within  sixty  days,  from  the  date  of  the  order  calling 
for  such  election,  the  board  may  in  its  discretion  postpone  the  holding 
of  such  election  to  such  general  election  or  submit  such  recall  election 
at  any  such  general  election  for  officers  of  such  district  occurring  not 
less  than  thirty-five  days  after  such  order.  If  a  vacancy  occur  in  said 
office  after  a  recall  petition  is  filed,  the  election  shall  nevertheless  pro- 
ceed as  in  this  section  provided.  One  petition  is  sufficient  to  propose 
a  removal  and  election  of  one  or  more  elective  officials.  One  election 
is  competent  for  the  removal  and  election  of  one  or  more  elective 
officials.  Nominations  for  any  office  under  such  recall  election  shall  be 
made  in  the  manner  prescribed  by  section  twenty-two  h  of  this  acf. 

There  shall  be  printed  on  the  recall  ballot,  as  to  every  officer  whose 
recall  is  to  be  voted  on  thereat,  the  following  question:  ''Shall  (name 
of  person  against  whom  the  recall  petition  is  filed)  be  recalled  from  the 
office  of  (title  of  the  office)?"  following  which  question  shall  be  the 
words  ''Yes"  and  "No"  on  separate  lines,  with  a  blank  space  at  the 
right  of  each,  in  which  the  voter  shall  indicate,  by  stamping  a  cross  ( X ) 
his  vote  for  or  against  such  recall.  On  such  ballots,  under  each  such 
question,  there  shall  also  be  printed  the  names  of  those  persons  who  have 
been  nominated  as  candidates  to  succeed  the  person  recalled,  in  case  he 
shall  be  removed  from  office  by  said  recall  election ;  but  no  vote  shall  be 
counted  for  any  candidate  for  said  office  unless  the  voter  also  voted  on 
said  question  of  the  recall  of  the  person  sought  to  be  recalled  from  said 
office.  The  name  of  the  person  against  whom  the  petition  is  filed  shall 
not  appear  on  the  ballot  as  a  candidate  for  the  office.  If  a  majority  of 
those  voting  on  said  question  of  the  recall  of  any  incumbent  from  office 
shall  vote  "No,"  said  incumbent  shall  continue  in  said  office.  If  a 
majority  shall  vote  "Yes,"  said  incumbent  shall  thereupon  be  deemed 
removed  from  such  office,  upon  the  qualification  of  his  successor.  The 
election  shall  be  conducted,  canvass  of  all  votes  for  candidates  for  said 
office  shall  be  made  and  the  result  declared  in  like  manner  as  in  a 
regular  election  within  such  district.  If  the  vote  at  any  such  recall 
election  shall  recall  the  officer,  then  the  candidate  who  has  received  the 


CALIPORNU   IRBIOATION   DISTRICT  LAWS,  35 

highest  number  of  votes  for  the  office  shall  be  thereby  declared  elected 
for  the  remainder  of  the  term.  In  ease  the  person  who  received  the 
highest  number  of  votes  shall  fail  to  qualify  within  ten  days  after 
receiving  the  certificate  of  election,  the  office  shall  be  deemed  vacant  and 
shall  be  filled  according  to  law.  If  the  vote  at  any  such  recall  election 
shall  not  recall  the  officer,  no  further  petition  for  the  recall  of  such 
officer  shall  be  filed  before  the  expiration  of  six  months  from  the  date 
of  such  first  recall  election,     (Stats.  1911,  Extra  Session,  p.  135.) 

This  section  is  constitutional. 

Wigley  vs.  South  San  Joaquin  Jrr.  Dist.,  31  Cal.  App.  162,  159  Pac.  985. 


Chambers  vs.  Olenn-Colusa  Irr.  Dist.,  57  Cal.  App.  155. 

TITLE    TO    PROPERTY. 

Title  to  property  vests  in  district. 

Sec.  29,  The  legal  title  to  all  property  acquired  under  the  provisions 
of  this  act  shall  immediately  and  by  operation  of  law  vest  in  such 
irrigation  district,  and  shall  be  held  by  such  district,  in  trust  for,  and 
is  hereby  dedicated  and  set  apart  to  the  uses  and  purposes  set  forth  in 
this  act.  And  said  board  is  hereby  authorized  and  empowered  to  hold, 
use,  acquire,  manage,  occupy  and  possess  said  property,  as  herein  pro- 
vided. The  board  of  directors  may  determine  by  resolution  duly  entered 
upon  their  minutes  that  any  property,  real  or  personal,  held  by  such 
irrigation  district  is  no  longer  necessary  to  be  retained  for  the  uses  and 
purposes  thereof,  and  may  thereafter  sell  such  property ;  and  a  convey- 
ance of  any  proper1;y  held  by  an  irrigation  district,  executed  by  the 
president  and  secretary  thereof,  in  accordance  with  a  resolution  of  the 
board  of  directors  of  such  district,  when  sold  for  a  valuable  considera- 
tion, shall  convey  good  title  to  the  property  so  conveyed.  (Stats,  1909, 
p.  1075.) 

Hewitt  vs.  8.  J.  and  P.  V.  Irr.  Dist.,  124  Cal.  186  ; 
Merchants  Bank  vs.  Escondido  Seminary,  144  Cal.  329  ; 
Jennison  vs.  Redfield,  149  Cal.  500; 
Tulare  Irr.  Dist.  vs.  Collins,  154  Cal.  440; 
(See  Sees.  44  and  47.) 

ISSUANCE  OF  BONDS, 
Estimate  of  money  needed  for  improvements. 

Sec,  30,  For  the  purpose  of  constructing  or  purchasing  necessary 
irrigation  canals  and  works,  and  acquiring  the  necessary  property  and 
rights  therefor,  and  for  the  purpose  of  acquiring  waters,  water  rights, 
reservoirs,  reservoir  sites,  and  other  property  necessary  for  the  purposes 
of  said  district,  and  otherwise  carrying  out  the  provisions  of  this  act, 
or  any  other  act  under  which  said  district  is  or  may  be  authorized  to 
acquire  property  or  construct  works,  the  board  of  directors  of  any  such 
district  must,  as  soon  after  such  district  has  been  organized  as  may  be 
practicable,  and  also  whenever  thereafter  the  board  of  directors  shall 
find  that  the  construction  fund  raised  by  the  last  previous  bond  issue  is 
insufficient,  or  that  the  construction  fund  has  been  exhausted  by 
expenditures  herein  authorized  therefrom  and  it  is  necessary  to  raise 
additional  money  for  said  purposes,  estimate  and  determine  the  amount 
of  money  necessary  to  be  raised.  For  the  purpose  of  ascertaining  the 
amount  of  money  necessary  to  be  raised  for  such  purposes,  or  any  of 


36  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

them,  said  board  shall  cause  such  surveys,  examinations,  drawings  and 
plans  to  be  made  as  shall  furnish  the  proper  basis  for  said  estimate. 
Said  surveys,  examinations,  drawings  and  plans,  and  the  estimate  based 
thereon  may  provide  that  the  works  necessary  for  a  completed  project 
shall  be  constructed  progressively  during  a  period  of  years.  In  the 
estimate  of  the  amount  of  money  necessary  to  be  raised  by  the  first  issue 
of  bonds  in  any  district,  the  board  of  directors  may  include  a  sum 
sufficient  to  pay  the  interest  on  all  of  such  bonds  for  three  years  or  less. 
All  such  surveys,  examinations,  drawings  and  plans  shall  be  made  under 
the  direction  of  a  competent  irrigation  engineer  and  shall  be  certified 
by  him.     (Stats.  1919,  p.  662.) 

Purposes  for  which  bonds  may  be  issued : 
Huffhson  vs.  Crane,  115  Cal.  404  ; 
Stivison  vs.  Alessandro  Dist.,  135  Cal.  389  ; 
Leeman  vs.  Perris  Irr.  Dist.,  140  Cal.  540; 
Hooker  vs.  East  Riverside  Dist.,  38  Cal.  App.  615 ; 
Stowell  vs.  Rialto  Irr.  Dist..  155  Cal.  215; 
(See  Sec.  616,  infra.) 

Plans  and  estimate : 

Board  of  Directors  vs.  Tregea,  88  Cal.  334  ; 
Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503  ; 
Hughson  vs.  Crane,  115  Cal.  404  ; 
Hanson  vs.  Kittitas  Dist.  (Wash.),  134  Pac.  1083; 
Board  of  Directors  vs.  Scott  (Wash.),  140  Pac.  391. 


Buschmann  vs.   Turlock  Irr.  Dist.,  47  Cal.  App.   321 ; 
Tormey  vs.  Anderson-Cottonwood  Irr.  Dist.,  53  Cal.  App.  559  ; 
Ser-vis  vs.    Victor   Valley  Irr.   Dist.,   190   Cal.    732  ; 
Wares  vs.   Imperial  Irrigation  District  et  ai.,   193   Cal.    609. 

Report  submitted  to  irrigation  district  bond  commission. 

Sec  30a.  The  board  of  directors  shall  then  submit  a  copy  of  the 
said  estimate  and  the  said  engineer 's  report  to  the  commission  authorized 
by  law  to  approve  bonds  of  irrigation  districts  for  certification  as^  legal 
investments  for  savings  banks  and  for  the  other  purposes  specified  in  the 
act  creating  said  commission.  Said  commission  shall  forthwith  examine 
said  report  and  any  data  in  its  possession  or  in  the  possession  of  said 
district  and  shall  make  such  additional  surveys  and  examinations  at  the 
expense  of  the  district  as  it  may  deem  proper  or  practicable,  and  as  soon 
as  practicable  thereafter  shall  make  to  the  board  of  directors  of  said 
district  a  report  which  shall  contain  such  matters  as,  in  the  judgment 
of  the  said  commission  may  be  desirable;  provided,  that  it  may  state 
generally  the  conclusions  of  said  commission  regarding  the  supply  of 
water  available  for  the  project,  the  nature  of  the  soil  proposed  to  be 
irrigated  as  to  its  fertility  and  susceptibility  to  irrigation,  the  probable 
amount  of  water  needed  for  its  irrigation  and  the  probable  need  of 
drainage,  the  cost  of  works,  water  rights  and  other  property  necessary 
for  a  complete  and  satisfactory  project,  the  proper  dates  of  maturity 
for  the  bonds  proposed  to  be  issued  and  whether  in  its  opinion  it  is 
advisable  to  proceed  with  the  proposed  bond  issue.  If  the  estimate  of 
the  amount  of  said  bond  issue  j^hall  have  included  any  amount  for  the 
payment  of  interest  on  the  bonds  of  such  issue,  as  provided  in  section 
thirty  of  this  act,  and  such  estimate  for  the  payment  of  interest,  or  any 
part  thereof,  is  approved  by  the  commission  in  said  report,  it  shall  be 
lawful  for  the  board  of  directors,  if  the  issuance  of  such  bonds  is  there- 
after authorized  by  vote  of  the  electors  of  the  district,  to  use  for  the 
payment  of  interest  on  any  bonds  of  such  issue  so  much  of  the  proceeds 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  37 

of  the  sale  of  said  bonds  as  may  have  been  approved  for  that  purpose 
in  said  report  of  the  commission.     (Stats.  1919,  p.  662.) 

Buschmann  vs.  Turlock  Irr.  Dist.,  47  Cal.  App.  321. 

Order  determining  amount  of  bonds. 

Sec,  306.  If  after  such  examination  and  investigation  the  said 
commission  shall  deem  it  advisable  that  the  said  plans  be  modified  or 
that  the  amount  of  the  bonds  proposed  to  be  issued  be  changed,  or 
that  certain  conditions  should  be  prescribed  to  insure  the  success  of 
the  project,  or  that  in  its  opinion  it  is  not  advisable  to  proceed  with 
the  proposed  bond  issue,  it  shall  so  state  in  its  report  to  the  board  of 
directors.  After  receiving  said  report,  or  if  no  report  is  received  within 
ninety  days  after  the  submission  of  said  estimate  and  engineer 's  report 
to  said  commission,  said  board  of  directors,  if  it  shall  determine  and 
shall  declare  by  resolution  that  the  proposed  plan  of  works  or  some 
modified  plan  recommended  by  said  commission  is  satisfactory  and  that 
the  said  project  or  said  modified  plan  is  feasible,  shall  make  an  order 
determining  the  amount  of  bonds  that  should  be  issued  in  order  to 
raise  the  money  necessary  therefor,  and  in  determining  said  amount 
sufficient  shall  be  included  to  cover  the  estimated  cost  of  inspection  of 
works  in  course  of  construction,  as  provided  for  by  law;  provided, 
that  if  any  district  shall  issue  bonds  to  carry  out  any  plans  approved 
by  said  commission  as  herein  provided  it  shall  be  unlawful  for  said 
district  to  make  any  material  change  in  said  plans  thereafter  without 
the  consent  of  said  commission.     (Stats.  1921,  p.  1108.) 

Special  election. 

Sec.  30c.  After  the  making  of  the  order  specified  in  section  thirty  b 
of  this  act  said  board  of  directors  may  call  a  special  election,  at  which 
shall  be  submitted  to  the  electors  of  such  district  possessing  the  quali- 
fications prescribed  by  this  act,  the  question  whether  or  not  the  bonds 
of  said  district  in  the  amount  determined  in  said  order  of  said  board 
shall  be  issued,  and  said  board  must  call  such  an  election  and  submit  said 
question  upon  receipt  of  a  petition  signed  by  a  majority  of  the  holders 
of  title  or  evidence  of  title  to  lands  within  the  district,  representing, 
also,  a  majority  in  value  of  said  lands,  or  by  at  least  five  hundred 
petitioners,  each  petitioner  to  the  number  of  at  least  five  hundred  to  be 
an  elector  residing  within  the  district  or  a  holder  of  title  or  evidence  of 
title  to  lands  therein,  provided  that  said  petitioners  shall  include  the 
holders  of  title  or  evidence  of  title  to  not  less  than  twenty  per  cent  in 
value  of  said  lands.  In  determining  the  value  of  any  lands  within  an 
irrigation  district  and  the  holders  of  title  or  evidence  of  title  to  such 
lands  for  the  purpose  of  determining  the  sufficiency  of  any  petition 
required  by  this  act  after  the  organization  of  the  district,  the  assessment 
roll  of  the  district  last  equalized  at  the  time  of  the  presentation  of  such 
petition  shall  be  conclusive  evidence,  but  if  no  assessment  roll  of  the 
district  has  theretofore  been  equalized,  then  the  county  assessment  roll 
of  the  county  within  which  any  lands  within  the  district  is  situated, 
which  county  assessment  roll  has  been  last  equalized  at  the  time  of  the 
presentation  of  such  petition,  shall  be  conclusive  evidence  of  such  facts 
for  such  land.     (Stats.  1919,  p.  664.) 

Who  may  sign  petition : 

Matter  of  Bonds  of  South  San  Joaquin  Irr.  District,  161  Cal.  345. 


38  CAIilPORNIA  IRKIGATION   DISTRICT  LAWS. 

Election : 

Board  of  Directors  vs.  Abila.  106  Cal.  365. 


Buschmann  vs.  Turlock  Irr.  Diat.,  47  Cal.  App.  321. 

Notice  of  election. 

Sec.  SOdi  Notice  of  such  election  must  be  given  by  posting  notices 
in  three  public  places  in  each  election  precinct  in  said  district  for  at 
least  twenty  days  and  also  by  publication  of  such  notice  in  some  news- 
paper published  in  the  county  where  the  office  of  the  board  of  directors 
of  such  district  is  required  to  be  kept,  once  a  week  for  at  least  three 
successive  weeeks.  Such  notices  must  specify  the  time  of  holding  the 
election,  the  amount  of  bonds  proposed  to  be  issued ;  and  said  election 
must  be  held  and  the  result  thereof  determined  and  declared  in  all 
respects  as  nearly  as  practicable  in  conformity  with  the  provisions  of 
this  act  governing  the  election  of  officers ;  provided,  that  no  informalities 
in  conducting  such  an  election  shall  invalidate  the  same  if  the  election 
shall  have  been  otherwise  fairly  conducted.     (Stats,  1917,  p.  762.) 

Questions  on  ballot;  two-thirds  vote. 

Sec.  30e.  At  said  election  questions  as  to  the  issuance  of  bonds  may 
be  submitted  separately  on  the  same  ballot  if  estimates  of  the  cost  of 
the  respective  projects  have  been  made  and  the  irrigation  district  bond 
commission  has  reported  thereon  and  the  respective  propositions  have 
been  stated  in  the  notices  of  the  election.  At  such  election  the  ballots 
shall  contain  a  general  statement  of  the  proposition  or  propositions  to 
be  voted  on,  including  the  amount  of  bonds  proposed  to  be  issued  for 
each  purpose,  but  no  informality  in  such  statement  shall  vitiate  the  elec- 
tion. Each  proposition  shall  be  followed  by  the  words  *'Yes"  and 
"No,"  on  separate  lines,  with  a  small  inclosed  space  after  each  of  said 
words.  The  electors  shall  vote  for  or  against  any  proposition  by  stamp- 
ing a  cross  (X)  in  the  voting  space  after  the  word  "Yes"  or  "No" 
respectively.  On  the  ballot  shall  be  printed  the  following  under  the 
heading  "Instructions  to  voters":  "To  vote  for  a  proposition,  stamp 
a  cross  (X)  in  the  voting  space  after  the  word  'Yes'  following  the 
proposition.  To  vote  against  a  proposition,  stamp  a  cross  ( X )  in  the 
voting  space  after  the  word  'No'  following  the  proposition."  If  two- 
thirds  of  the  votes  cast  for  and  against  any  proposition  are  for  "Yes," 
the  board  of  directors  shall  cause  bonds  in  the  amount  specified  in 
such  proposition  to  be  issued ;  provided,  that  if  said  election  shall  have 
been  called  after  the  presentation  of  a  petition  therefor  as  provided  in 
section  thirty  c  of  this  act,  the  board  of  directors  shall  cause  bonds  in 
the  amount  specified  in  any  proposition  to  be  issued  if  a  majority  of  the 
votes  cast  for  and  against  said  proposition  are  for  ' '  Yes. ' '  If  the  num- 
ber of  votes  for  any  proposition  is  less  than  the  number  required  herein 
to  authorize  the  issuance  of  the  bonds  provided  for  therein,  the  result  of 
the  vote  on  said  proposition  shall  be  entered  of  record,  but  said  propo 
sition  may  be  again  submitted  to  the  electors  of  the  district  at  a  special 
election  upon  the  presentation  to  the  board  of  directors  of  a  petition 
therefor  signed  as  provided  in  section  thirty  c  of  this  act.  ( Stats.  1919, 
p.  664.) 

Sec.  18  of  Art.  XI  of  state  Constitution  Inapplicable : 
In  re  Madera  Diet.,  92  Cal.  296. 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  39 

Life  of  bonds;  interest;  denominations. 

Sec.  31.  Subject  to  the  provisions  of  this  act,  the  board  of  directors 
shall  prescribe  the  form  of  the  bonds  issued  by  the  district  and  of  the 
interest  coupons  to  be  attached  thereto.  An  issue  of  bonds  is  hereby 
defined  to  be  all  the  bonds  issued  in  accordance  with  a  proposal 
approved  by  the  electors  of  the  district.  Each  issue  of  the  bonds  of  a 
district  shall  be  numbered  consecutively  as  authorized,  and  the  bonds 
of  each  issue  shall  be  numbered  consecutively.  The  board  of  directors 
shall  fix  the  date  of  said  bonds,  or  may  divide  any  issue  into  two  or 
more  divisions  and  fix  different  dates  for  the  bonds  of  each  respective 
division.  The  date  of  any  bond  must  be  subsequent  to  the  election  at 
which  its  issuance  was  authorized  and  prior  to  its  delivery  to  a  pur- 
chaser from  the  district.  The  date  of  issue  of  any  bond  authorized 
under  this  act  or  heretofore  or  hereafter  issued  in  pursuance  of  this  act 
shall  be  deemed  to  be  the  apparent  date  of  the  said  bond  appearing  on 
the  face  thereof.  Each  bond  shall  be  signed  by  the  president  and  secre- 
tary of  the  board  of  directors  of  the  district,  who  may  be  in  office  at 
the  date  of  said  bond  or  at  any  time  thereafter  prior  to  the  delivery  of 
said  bond  to  the  purchaser  thereof  from  the  district,  and  the  seal  of  the 
district  shall  be  impressed  on  each  bond.  The  interest  coupons  shall 
also  bear  the  signature  of  the  secretary  of  the  board  of  directors  or  a 
facsimile  of  such  signature.  The  board  of  directors  shall  fix  the  denomi- 
nations of  said  bonds,  which  shall  not  be  less  than  one  hundred  dollars 
nor  more  than  one  thousand  dollars.  Said  bonds  shall  bear  interest  at 
a  rate  to  be  fixed  by  the  board  of  directors,  but  the  rate  shall  not 
exceed  six  per  centum  per  annum.  The  interest  shall  be  payable  on 
the  first  day  of  January  and  the  first  day  of  July  of  each  year.  The 
board  of  directors  shall  also  designate  the  place  or  places  at  which 
said  bonds  or  any  of  them  and  the  interest  thereon  shall  be  payable.^ 
Each  issue-  or  each  division  of  any  issue  of  said  bonds  shall  be  payable 
in  gold  coin  of  the  United  States  in  twenty  series  as  follows,  to  wit: 
at  the  expiration  of  twenty-one  years  from  the  date  of  any  issue  or  any 
division  of  any  issue  of  said  bonds,  two  per  centum  of  the  whole  amount 
of  such  issue  or  division;  at  the  expiration  of  twenty-two  years  from 
said  date,  two  per  centum  of  the  whole  amount  of  such  issue  or  division ; 
at  the  expiration  of  twenty -three  years  from  said  date,  three  per  centum 
of  the  whole  amount  6f  such  issue  or  division;  at  the  expiration  of 
twenty-four  years  from  said  date,  three  per  centum  of  the  whole 
amount  of  such  issue  or  division ;  at  the  expiration  of  twenty-five  years 
from  said  date,  four  per  centum  of  the  whole  amount  of  such  issue  or 
division ;  at  the  expiration  of  twenty-six  years  from  said  date,  four  per 
centum  of  the  whole  amount  of  such  issue  or  division ;  at  the  expiration 
of  twenty-seven  years  from  said  date,  four  per  centum  of  the  whole 
amount  of  such  issue  or  division;  at  the  expiration  of  twenty-eight 
years  from  said  date,  four  per  centum  of  the  whole  amount  of  such 
issue  or  division ;  at  the  expiration  of  twenty-nine  years  from  said  date, 
five  per  centum  of  the  whole  amount  of  such  issue  or  division;  at  the 
expiration  of  thirty  years  from  said  date,  five  per  centum  of  the  whole 
amount  of  such  issue  or  division ;  at  the  expiration  of  thirty-one  years 
from  said  date,  five  per  centum  of  the  whole  amount  of  such  issue  or 
division ;  at  the  expiration  of  thirty-two  years  from  said  date,  five  per 
centum  of  the  whole  amount  of  such  issue  or  division ;  at  the  expiration 
of  thirty-three  years  from  said  date,  six  per  centum  of  the  whole  amount 


40  CALIFORNIA   IRBIGATION   DISTRICT   LAWS. 

of  such  issue  or  division;  at  the  expiration  of  thirty-four  years  from 
said  date,  six  per  centum  of  the  whole  amount  of  such  issue  or  division ; 
at  the  expiration  of  thirty -five  years  from  said  date,  six  per  centum  of 
the  whole  amount  of  such  issue  or  division ;  at  the  expiration  of  thirty 
six  years  from  said  date,  six  per  centum  of  the  whole  amount  of  such 
issue  or  division ;  at  the  expiration  of  thirty-seven  years  from  said  date, 
seven  per  centum  of  the  whole  amount  of  such  issue  or  division ;  at  the 
expiration  of  thirty-eight  years  from  said  date,  seven  per  centum  of  the 
whole  amount  of  such  issue  or  division ;  at  the  expiration  of  thirty-nine 
years  from  said  date,  eight  per  centum  of  the  whole  amount  of  such 
issue  or  division ;  at  the  expiration  of  forty  years  from  said  date,  eight 
per  centum  of  the  whole  amount  of  such  issue  or  division;  provided. 
that  if  any  bonds  are  not  dated  on  the  first  day  of  January  or  the  first 
day  of  July,  they  shall  nevertheless  be  made  payable  on  the  first  day  of 
January  or  the  first  day  of  July  next  preceding  the  date  on  which  they 
would  become  payable  according  to  the  foregoing  schedule.  Bonds  of 
any  issue  may  be  made  payable  at  the  ends  of  other  periods  than  are 
specified  herein  and  the  number  of  series  may  be  more  or  less  than 
twenty  if  the  number  of  series  and  the  length  of  the  respective  periods 
at  the  ends  of  which  the  respective  amounts  of  bonds  shall  be  made 
payable  have  been  specified  in  the  notice  of  the  election  at  which  the 
issuance  of  such  bonds  was  authorized,  or  on  the  recommendation  of  the 
irrigation  district  bond  commission,  but  in  any  event  the  bonds  shall  all 
be  made  payable  on  the  first  day  of  January  or  the  first  day  of  July 
next  preceding  the  ends  of  the  respective  periods  specified,  unless  said 
bonds  are  dated  on  the  first  day  of  January  or  the  first  day  of  July, 
and  in  no  case  shall  the  maturity  of  any  bond  be  more  than  forty  years 
from  the  date  thereof,  nor  shall  more  than  eight  per  centum  of  the 
total  amount  of  any  issue  or  division  be  made  payable  in  any  one  year 
if  the  number  of  series  is  made  more  than  twenty.  Each  bond  shall 
be  made  payable  at  a  given  time  for  its  full  face  value  and  not"'for  a 
percentage  thereof.     (Stats.  1919,  p.  665.) 

Date  of  maturity  of  bonds  and  time  of  pajTuent  of  interest : 
Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351; 
Stowell  vs.  Rialto  Irr.  Dist.,  155  Cal.  215  ; 
Board  of  Directors  vs.  Peterson  (Ore.),  128  Pac.  837. 

Date  of  issue,  signature  of  secretary,  etc. : 

Wright  vs.  East  Riverside  District,  138  Fed.  313 ; 
Hooker  vs.  East  Riverside  District,  38  Cal.  App.  615. 

Negotiability  of  bonds : 

Farwell  vs.  S.  J.  and  P.  V.  Irr.  Dist.  (Cal.  App.),  192  Pac.  1034, 

Redemption  of  bonds : 

See  section  52,  page  52  hereof. 

Taxpayer's  suit  : 

Sechrist  vs.  Rialto  Irr.  Dist.,  129  Cal.  640; 
flenry  vs.  Vineland  Irr.  Dist.,  140  Cal.  376. 
See  also  section  69. 

Validity  of  bonds  in  hands  of  bona  fide  holders: 

Stimson  vs.  Alessandro  Dist.,  135  Cal.  389; 
Baxter  vs.  Vineland  Dist..  136  Cal.  185; 
Haese  vs.  Heitzeg,  159  Cal.  569  ; 
Ham  vs.  Grapeland  Dist.  172  Cal.  611; 
Tulare  Dist.  vs.  Shepard,  185  U.  S.  1. 


Turner  vs.  Rosbury  Irr.  Dist.  (Idaho),  198  Pac.  465. 


>Art.  XI,  Sec.  13J,  of  the  Constitution,  authorizes  the  payment  of  bonds  and  Interest 
in  any  place  within  or  outside  of  the  United  States.  See  Part  III,  Division  4,  Act 
3  hereof. 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  41 

Sale  of  bonds. 

Sec.  32.  The  board  may  sell  said  bonds  from  time  to  time  in  such 
quantities  as  may  be  necessary  and  most  advantageous  to  raise  money 
for  the  construction  of  said  canals  and  works,  the  acquisition  of  said 
property  and  rights,  or  the  acquisition  of  any  water  or  water  rights, 
and  otherwise  to  fully  carry  out  the  objects  and  purposes  of  this  act. 
Before  making  any  sale  the  board  shall,  at  a  meeting,  by  resolution, 
declare  its  intention  to  sell  a  specified  amount  of  the  bonds,  and  the  day 
and  hour  and  place  of  such  sale,  and  shall  cause  such  resolution  to  be 
entered  in  the  minutes,  and  notice  of  the  sale  to  be  given,  by  publica- 
tion thereof  at  least  three  weeks  in  some  newspaper  published  in  the 
county  where  the  office  of  the  board  of  directors  is  located  and  in  any 
other  newspaper  at  its  dLscretion.  The  notice  shall  state  that  sealed 
proposals  will  be  received  by  the  board  at  their  office,  for  the  purchase 
of  bonds,  till  the  day  and  hour  named  in  the  resolution.  At  the  time 
appointed  the  board  shall  open  the  proposals  and  award  the  purchase 
of  the  bonds  or  any  portion  or  portions  thereof  to  the  highest  responsible 
bidder  or  bidders ;  provided,  however,  that  they  may  reject  any  or  all 
bids;  and  provided,  further,  that  no  proposal  shall  be  accepted  which 
is  not  accompanied  by  a  certified  check  for  such  reasonable  percentage 
of  the  amount  of  the  bid  as  shall  be  determined  by  the  board  of 
directors,  but  in  no  event  less  than  two  per  cent  of  the  amount  thereof 
to  apply  on  the  purchase  price  of  the  bonds,  the  amount  of  which  check 
shall  be  forfeited  if  after  the  acceptance  of  the  proposal  the  bidder 
shall  refuse  to  accept  said  bonds  and  complete  his  purchase  thereof  on 
the  conditions  stated  in  his  proposal.  In  case  no  award  is  made,  the 
board  thereafter  may  either  readvertise  said  bonds  or  any  part  thereof 
for  sale  or  sell  the  same  or  any  part  thereof  at  private  sale  but  no  sale 
of  said  bonds  at  private  sale  shall  be  valid  unless  approved  by  the 
California  bond  certification  commission.     (Stats.  1921,  p.  1108.) 

Leeman  vs.  Perris  Dist.,  140  Cal.  540  ; 
Stimson  vs.  Alessandro  Irr.  Diat.,  135  Cal.  389; 
Kinkade  vs.  Witherop  (Wash.),  69  Pac.  399; 
Wi/man  vs.  Searle  (Nebr.),  128  N.  W.  801. 

Funding  or  refunding  bonds. 

Sec.  32a.  The  board  of  directors  of  any  irrigation  district  organized 
and  existing  under  or  subject  to  the  provisions  of  this  act  may,  by  a 
majority  vote  of  the  members  of  the  board,  submit  to  the  electors  of 
the  irrigation  district  at  any  election,  the  proposition  of  the  issuance 
of  new  bonds  for  the  purpose  of  funding  or  refunding  any  or  all  bonds 
of  such  district  outstanding  at  the  time  of  such  election. 

Such  election  shall  be  held  and  the  result  thereof  determined  and 
declared  substantially  in  the  same  manner,  and  the  vote  required  for 
the  authorization  of  such  bonds  shall  be  the  same  as  provided  by  this 
act  for  the  issuance  of  other  bonds  of  such  districts. 

Such  funding  or  refunding  bonds  shall  be  issued  in  substantially  the 
manner  and  in  the  form  required  by  this  act  for  the  issuance  of  other 
bonds  of  irrigation  districts,  and  the  provisions  of  this  act,  and  of  the 
act  creating  the  California  bond  certification  commission,  concerning 
the  authorization,  certification,  issuance  and  sale  of  bonds  of  irrigation 
fiistricts,  shall  be  applicable  to  funding  or  refunding  bonds;  provided, 
however,  that  the  maturities  of  said  funding  or  refunding  bonds  shall 


42  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

be  fixed  by  the  board  of  directors  of  said  district,  subject  to  the 
approval  of  the  California  bond  certification  commission,  but  in  no  case 
shall  the  maturity  of  any  such  bonds  be  more  than  forty  years  from  the 
date  thereof.  Such  funding  or  refunding  bonds  may  be  sold  from  time 
to  time  in  the  same  manner  as  other  bonds  of  the  district,  or,  if  the 
directors  of  the  district  and  the  holders  of  any  outstanding  bonds  so 
elect,  any  such  funding  or  refunding  bonds  may  be  exchanged  for  any 
outstanding  bonds.  Any  such  outstanding  bonds  so  funded  or 
refunded  or  exchanged  shall  be  immediately  canceled  by  the  board  of 
directors.     (Stats.  1923,  p.  628.) 

Election  on  sale  of  bonds  for  less  than  par. 

Sec.  Z2^.  If  any  irrigation  district  bonds  have  been  authorized 
before  the  time  when  this  section  shall  go  into  effect  but  have  not 
been  sold  and  the  board  of  directors  of  said  district  deems  it  desirable 
that  said  board  be  authorized  to  sell  said  bonds  for  less  than  the  par 
value  thereof,  said  board  may  call  a  special  election  to  submit  to  the 
voters  of  the  district  said  proposition.  Such  election  shall  be  held  and 
notice  thereof  shall  be  given  in  the  same  manner  as  is  provided  in  the 
ease  of  special  elections  to  authorize  the  issuance  of  bonds  in  irrigation 
districts.  The  proposition  shall  be  stated  in  substantially  the  follow- 
ing form:  "Shall  the  board  of  directors  of (insert  the  name) 

irrigation  district  be  authorized  to  sell  bonds  of  the  district  for  less 
than  the  par  value  thereof?"  followed  by  the  words  "Yes"  and  "No," 
as  provided  in  section  thirty  hereof.  If  at  least  two-thirds  of  the  legal 
votes  cast  at  such  election  are  for  "Yes,"  then  the  board  of  directors 
may  sell  any  bonds  authorized  by  said  district  before  this  section  shall 
take  effect  to  the  highest  responsible  bidder.     (Stats.  1913,  p.  1000.) 

Paid  by  annual  assessment.  .  -^ 

Sec.  33.  Said  bonds  and  the  interest  thereon  shall  be  paid  from 
revenue  derived  from  an  annual  assessment  upon  the  land  within  the 
district;  and  all  the  land  within  the  district  shall  be  and  remain  liable 
to  be  assessed  for  such  payments  as  hereinafter  provided.  (Stats.  1917, 
p.  764.) 

Procedure  for  enforcement  of  lien  : 

Nevada  National  Bank  vs.  Poao  Irr.  Dist.,  140  Gal.  344 ; 

Boskowitz  vs.  Thompson,  144  Cal.  724; 

Herring  vs.  Modesto  District,  95  Fed.  705  ; 

Perkins  vs.  People  (Colo.),  147  Pac.  356; 

Henrylyn  Irr.  Dist.  vs.  Thomas  (Colo.),  173  Pac.  541; 

Henrylyn  Irr.  Dist.  vs.  Thomas   (Colo.),  181  Pac.  979,  980; 

Rialto  Irr.  Dist.  vs.  Stowell,  246  Fed.  294; 

N orris  vs.  Montezuma  Irr.  Dist.,  248  Fed.  369  ; 

Gas  Securities  Co.  vs.  Antero  and  Lost  Park  Reservoir  Co.,  259  Fed.  423. 

Suit  by  bondholders  to  enforce  payment : 

Quinton  vs.  Equitable  Investment  Co.,  196  Fed.  314. 


Farwell  vs.  San  Jacinto,  etc.,  Irr.  Dist.,  49  Cal.  App.  167. 

ASSESSMENT  FOR  COMPLETION  OF  WORKS. 
Assessment  to  complete  works;  notice  of  election;  ballots. 

Sec.  34.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be 
insufficient,  or  in  case  the  bonds  be  unavailable  for  the  completion  of 
the  plan  of  canal  and  works  adopted,  and  the  acquisition  of  the  neces- 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  43 

sary  property,  waters  and  water  rights  therefor,  and  additional  bonds 
be  not  voted,  it  shall  be  the  duty  of  the  board  of  directors  to  provide 
for  the  completion  of  said  plan,  and  the  acquisition  of  such  necessary 
property,  waters  and  water  rights,  by  levy  of  assessments  therefor; 
provided,  however,  that  such  levy  of  assessments  shall  not  be  made 
except  first  an  estimate  of  the  amount  required  for  such  purposes  has 
been  made  by  said  board,  and  the  question  as  to  the  making  of  said 
levy  submitted  to  a  vote  of  the  electors  of  the  district.  Before  such 
question  is  submitted  the  order  of  submission  shall  be  entered  in  the 
minutes  of  the  board,  stating  the  amount  to  be  levied  and  the  purpose 
therefor,  and  if  submitted  at  a  special  election  said  order  shall,  in 
addition,  fix  the  day  of  election.  Notice  of  such  election  must  be  given 
by  posting  notices  in  three  public  places  in  each  election  precinct  in 
said  district  for  at  least  twenty  days,  and  also  by  publication  of  such 
notice  in  some  newspaper  published  in  the  county  where  the  office  of  tiie 
board  of  directors  of  such  district  is  required  to  be  kept  once  a  week 
for  at  least  three  successive  weeks.  Such  notices  must  specify  the 
time  of  holding  the  election,  and  the  amount  of  assessment  proposed  to 
be  levied.  Said  election  must  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with 
the  provisions  of  this  act  governing  the  election  of  officers;  provided, 
that  no  informalities  in  conducting  such  an  election  shall  invalidate 
the  same,  if  the  election  shall  have  been  otherwise  fairly  conducted. 
At  such  election  the  ballots  shall  contain  the  words  "Assessment — Yes", 
or  "Assessment — No",  or  words  equivalent  thereto.  If  a  majority  of 
the  votes  cast  are  "Assessment — Yes",  the  board  of  directors  shall 
cause  an  assessment  in  the  amount  named  in  the  order  of  submission 
to  be  levied;  if  a  majority  of  the  votes  east  are  "Assessment — No",  the 
result  of  such  election  shall  be  so  declared  and  entered  of  record. 
(Stats.  1911,  p.  514.) 

Cooper  vs.  Miller,  113  Cal.  238; 

Matter  of  Bonds  of  South  San  Joaquin  Diat.,  161  Cal.  345 ; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  668; 

Carson  vs.  Crocker,  31  Cal.  App.  626  ; 

Buachmann  vs.  Turlock  Irr.  Dist..  47  Cal.  App.  321 ; 

8er-vi8  vs.   Victor  Valley  Irr.  Dist.,  190   Cal.    732. 

DUTIES  OF  THE  ASSESSOR. 
Duty  of  assessor;  improvements  exempt. 

Sec.  35.  The  assessor  must,  between  the  first  Monday  in  March  and 
the  first  Monday  in  June,  in  each  year,  assess  all  real  estate  in  the  dis- 
trict, to  the  persons  who  own,  claim  or  have  possession  or  control 
thereof,  at  its  full  cash  value,  as  follows:  He  must  prepare  an  assess- 
ment book*  with  appropriate  headings,  in  which  must  be  listed  all  such 
property  within  the  district,  in  which  must  be  specified,  in  separate 
columns,  under  the  apropriate  head:  (1)  the  name  of  the  person  to 
whom  the  property  is  assessed,  if  the  name  is  not  known  to  the  assessor, 
the  property  shall  be  assessed  to  "unknown  owners";  (2)  land  by 
township,  range,  section  or  fractional  section,  and  when  such  land  is 
not  congressional  division  or  subdivision,  by  metes  and  bounds,  or  other 
description  sufficient  to  identify  it,  giving  an  estimate  of  the  number 

'Pol.  C,  Sec.  3653,  provides  that,  upon  written  request,  the  county  assessor  must 
furnish  the  district  with  a  certified  copy  of  the  assessment  book,  so  far  as  it  pertains 
to  property  within  the  district. 


44  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

of  acres  and  locality;  (3)  city  and  town  lots,  naming  the  city  or  town 
and  the  number  and  block,  according  to  the  system  of  numbering  in 
such  city  or  town;  (4)  the  cash  value  of  real  estate,  other  than  city  or 
town  lots;  (5)  the  cash  value  of  city  and  town  lots;  (6)  the  total  value 
of  all  property  assessed;  (7)  the  total  value  of  all  property  after 
equalization  by  the  board  of  directors;  (8)  such  other  things  as  the 
board  of  directors  may  require.  Improvements  on  any  lands  or  town 
lots  within  such  districts  shall  be  exempt  from  taxation  for  any  of  the 
purposes  mentioned  in  this  act.  Any  property  which  may  have  escaped 
the  payment  of  any  assessment  for  any  year,  shall,  in  addition  to  the 
assessment  for  the  then  current  year,  be  assessed  for  such  year  with  the 
same  effect  and  with  the  same  penalties  as  are  provided  for  in  such 
current  year.  The  term  improvements  as  used  in  this  section  includes 
trees,  vines,  alfalfa  and  all  growing  crops  and  all  buildings  and  struc- 
tures of  whatever  class  or  description  erected  or  being  erected  upon 
said  lands  or  city  or  town  lots.     (Stats.  1917,  p.  764.) 

Cooper  vs.  Miller,  113  Cal.  238  ; 

Eacondido  H.  8.  Diet.  vs.  Escondido  Seminary,  130  Cal.  128; 

Best  vs.  Wohlford,  144  Cal.  733  ; 

W.  U.  Tel.  Co.  vs.  Modesto  Irr.  Dist.,  149  Cal.  662  ; 

Best  vs.  Wohlford,  153  Cal.  17  ; 

Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  668; 

Corson  vs.  Crocker,  31  Cal.  App.  626; 

Bruschi  vs.  Cooper,  30  Cal.  App.  682  ; 

Miller  rf  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94; 

Wares   vs.    Imperial   Irrigation   District,    193    Cal.    609. 

Assessor's  deputies. 

Sec  36.  The  board  of  directors  must  allow  the  assessor  as  many 
deputies,  to  be  appointed  by  him,  as  will,  in  the  judgment  of  the  board, 
enable  him  to  complete  the  assessment  within  the  time  herein  pre- 
scribed. The  board  must  fix  the  compensation  of  such  deputies,  which 
shall  be  paid  out  of  the  treasury  of  the  district.  The  compensation  must 
not  exceed  five  dollars  per  day  for  each  deputy,  for  the  time  actually 
engaged,  nor  must  any  allowance  be  made  l)ut  for  work  done  between 
the  first  Monday  in  March  and  the  first  Monday  in  August  in  each  year. 

Time  for  completion  of  assessment  book;  time  for  equalizing  assessments. 

Sec  37.  On  or  before  the  first  IMonday  in  August  in  each  year,  the 
assessor  must  complete  his  assessment  book,  and  deliver  it  to  the  secre- 
tary of  the  board,  who  must  immediately  give  notice  thereof,  and  of  the 
time  the  board  of  directors,  acting  as  a  board  of  equalization,  will  meet 
to  equalize  assessments,  by  publication  in  a  newspaper  published  in  each 
of  the  counties  comprising  the  district.  The  time  fixed  for  the  meeting 
shall  not  be  less  than  twenty  nor  more  than  thirty  days  from  the  first 
publication  of  the  notice;  and  in  the  meantime  the  assessment  book 
must  remain  in  the  office  of  the  secretary  for  the  inspection  of  all 
persons  interested. 

Lahman  vs.  Hatch,  124  Cal.  1 ; 

Miller  d  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94; 

N.  P.  Ry.  Co.  vs.  John  Day  Irr.  Dist.   (Oregon),  211  Pac.  781,  789; 

Wares    vs.    Imperial   Irrigation   District,    193    Cal.    609. 

EQUALIZATION    OF    ASSESSMENT. 

Hearings  on  objections  to  assessments. 

Sec.  38.  Upon  the  day  specified  in  the  notice  required  by  the  pre- 
ceding section  for  the  meeting,  the  board  of  directors,  which  is  hereby 


CAliIPORNIA   IRRIGATION    DISTRICT   LAWS.  45 

constituted  a  board  of  equalization  for  that  purpose,  shall  meet  and 
continue  in  session  from  time  to  time,  as  long  as  may  be  necessary,  not 
to  exceed  ten  days,  exclusive  of  Sundays,  to  hear  and  determine  such 
objections  to  the  valuation  and  assessment  as  may  come  before  them; 
and  the  board  may  change  the  valuation  as  may  be  just.  The  secretary 
of  the  board  shall  be  present  during  its  sessions,  and  note  all  changes 
made  in  the  valuation  of  property,  and  in  the  names  of  the  persons 
whose  property  is  assessed;  and  within  ten  days  after  the  close  of  the 
session  he  shall  have  the  total  values,  as  finally  equalized  by  the  board, 
extended  into  columns  and  added. 

Lahman  vs.  Hatch,  124  Cal.  1 ; 

Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  668  ; 
Miller  d  Lux  vs.  Board  of  Supervisors,  189  Cal.   254  ; 
Miller  rf  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94  ; 
Miller  d  Lux  vs.  Secara,  193  Cal.   755. 

LEVY  AND  COLLECTION  OF  TAXES. 
Assessment  for  interest,  principal,  rentals,  etc. 

Sec.  39.  The  board  of  directors  shall  then,  within  fifteen  days  after 
the  close  of  its  session  as  a  board  of  equalization,  levy  an  assessment 
upon  the  lands  within  the  district  in  an  amount  sufficient  to  raise  the 
interest  due  or  that  will  become  due  on  all  outstanding  bonds  of  the 
district  on  the  first  day  of  the  next  ensuing  January  and  the  first  day 
of  the  next  ensuing  July,  or  that  the  board  of  directors  believes  will 
become  due  on  either  or  both  of  said  dates,  on  bonds  authorized  but  not 
sold ;  also  sufficient  to  pay  the  principal  of  all  bonds  of  the  district  that 
have  matured  or  that  will  mature  before  the  close  of  the  next  ensuing 
calendar  year;  also  sufficient  to  pay  in  full  all  sums  due  or  that  will 
become  due  from  the  district  before  the  close  of  the  next  ensuing 
calendar  year  on  account  of  rentals,  or  charges  for  lands,  water  or 
water  rights  acquired  by  said  district  under  lease  or  contract;  also 
sufficient  to  pay  in  full  all  sums  due  or  that  will  become  due  from  the 
district,  before  the  close  of  the  next  ensuing  calendar  year  on  account 
of  contracts  entered  into  by  the  district  for  power  or  fuel  used  or  to 
be  used  for  the  pumping  of  water  for  the  irrigation  of  land  ^^^thin  the 
district;  provided,  the  payment  of  the  cost  of  such  power  or  fuel  has 
not  been  provided  for  by  the  levying  of  tolls  or  charges  for  the  use  of 
water  or  otherwise;  also  sufficient  to  pay  in  full  the  amount  of  all 
unpaid  warrants  of  the  district  is.sued  in  accordance  with  this  act  and 
the  amount  of  any  other  contracts  or  obligations  of  the  district  which 
shall  have  been  reduced  to  judgment ;  also  sufficient  to  raise  such 
amount  not  exceeding  two  per  centum  of  the  aggregate  value  of  the 
lands  within  the  district  according  to  the  latest  duly  equalized  assess- 
ment roll  thereof,  as  the  board  of  directors  shall  determine  may  be 
needed  to  be  raised  by  assessment  for  any  of  the  purposes  of  this  act. 
The  board  of  directors  may  also  include  in  any  annual  as.sessment  such 
an  amount  as  it  may  deem  proper,  not  exceeding  one  per  centum  of  the 
total  assessed  value  of  the  land  in  the  district,  to  be  apportioned  to  the 
bond  fund  and  to  be  used  as  provided  in  section  fifty-two  of  this  act, 
for  the  redemption  of  immatured  bonds  of  the  district  or  for  the 
creation  of  a  sinking  fund  to  pay  any  of  such  bonds  as  they  become 
due;  provided,  however,  that  notwithstanding  any  provision  of  this 
act  or  any  act  amendatory  hereof,  or  supplementary  hereto,  the  board 
of  directors  may  in  lieu,  either  in  whole  or  in  part,  of  levying  the 


4S  CALIFORNIA   mEIQATION   DISTRICT   LAWS. 

annual  assessment  for  the  payment  of  interest  on  or  principal  of  bonds, 
or  for  any  other  purposes  of  this  act,  use  any  income  or  revenue  of  the 
district  derived  from  the  sale  of  electric  power  or  from  the  sale  or 
lease  of  water  or  the  use  of  water  for  power  purposes.  (Stats.  1925, 
p.  488.) 

Cooper  vs.  Miller,  113  Cal.  238  ; 
Hughaon  vs.  Crane,  115  Cal.  404  ; 
Lahman  vs.  Hatch,  124  Cal.  1  : 

Eacondido  H,  S.  Diet.  vs.  Eacondido  Seminary,  130  Cal.  128; 
Baxter  vs.  Vineland  Irr.  Diat.,  136  Cal.  185; 
Boakowitz  vs.  Thompson.  144  Cal.  724 ; 
.    Nevada  Natio7ial  Bank  vs.  Poso  Diat.,  149  Cal.  662  ; 

Matter  of  Bonda  of  South  San  Joaquin  Diat.,  161  Cal.  345  ; 

Imperial  Land  Co.  vs.  Imperial  Diat.,  173  Cal.  660 ; 

Hewel  vs.  Hogan,  3  Cal.  App.  248; 

Nevada  National  Bank  vs.  Superviaora,  5  Cal.  App.  638 ; 

Corson  vs.  Crocker,  31  Cal.  App.  626; 

Buachmann  vs.  Turlock  Irr.  Diat.,  47  Cal.  App.  321  ; 

Board  of  Superviaora  vs.  Thompaon,  122  Fed.  860; 

Marra  vs.  S.  J.  and  P.  V.  Irr.  Diat.,  131  Fed.  780  ; 

Eberhard  vs.  Canon  (Colo.),  157  Pac.  189; 

Rio  Grande,  etc.,  Co.  vs.  Orchard  Meaa  Diatrict  (Colo.),  171  Pac.  367. 

Assessments  on  ad  valorem  basis  constitutional : 
In  re  Madera  Irr.  Diat.,  92  Cal.  296. 

Payment  under  protest : 

Decker  vs.  Perry,  4  Cal.  Unrep.  488. 

"Outstanding  bonds"  defined: 

Board  of  Directora  vs.  Tregea,  88  Cal.  334,  356. 


Boree  vs.  Poaco  Irr.  Diat.,  36  Cal.  App.  Dec.  199  ; 
kelson  vs.  Anderaon-Cottonwood  Irr.  Diat.,  51  Cal.  App.  92 ; 
Miller  d  Lux  vs.  Board  of  Superviaora,  64  Cal.  Dec.  57  ; 
Miller  &  Lux  vs.  Madera  Irr.  Diat.,  64  Cal.  Dec.  94 ; 
McDonough  vs.  Cooper,  179  Cal.  384. 

Duty  of  secretary. 

Sec.  39a.  The  secretary  of  the  board  must  compute  and  enter  in  a 
separate  column  of  the  assessment  book  the  respective  sums  in  "dollars 
and  cents  to  be  paid  as  an  assessment  on  the  property  therein  enumer- 
ated. When  collected,  the  assessment  shall  be  paid  into  the  district 
treasury  and  be  apportioned  to  the  several  proper  funds.  (Stats.  1917, 
p.  765.) 

McDonough  vs.  Cooper,  179  Cal.  384. 

Neglect  to  make  assessment. 

Sec.  396.  If  as  the  result  of  the  neglect  or  refusal  of  the  board  of 
directors  to  cause  such  assessment  and  levies  to  be  made  as  in  this  act 
provided,  then  the  duly  equalized  assessment  made  by  the  county 
assessor  of  the  county  or  each  of  the  respective  counties  in  which  the 
district  is  situated  shall  be  the  basis  of  assessment  for  the  district,  and 
the  board  of  supervisors  of  the  county  in  which  the  office  of  the  board 
of  directors  of  said  district  is  situateci  shall  cause  an  assessment  roll  of 
said  district  to  be  prepared,  and  shall  make  the  levy  required  by  this 
act,  in  the  same  manner  and  with  like  effect  as  if  the  same  had  been 
made  by  said  board  of  directors  and  all  expenses  incident  thereto  shall 
be  borne  by  such  district  and  may  be  collected  by  suit  at  law,  which 
shall  be  commenced  by  the  district  attorney  of  the  county  whose  board 
of  supervisors  caused  said  assessment  roll  to  be  prepared,  unless  the 
amount  of  such  expenses  shall  be  paid  within  sixty  days  from  the  time 
when  proper  demand  shall  have  been  made  therefor.     In  ease  of  the 


CALIPOBNIA   raRIGATION   DISTRICT   LAWS.  47 

neglect  or  refusal  of  the  collector  or  treasurer  of  any  irrigation  district 
to  perform  the  duties  imposed  by  law,  then  the  tax  collector  and  the 
treasurer  of  the  county  in  which  the  oflBce  of  the  board  of  directors  of 
such  district  is  situated  must  respectively  perform  such  duties  and  shall 
be  accountable  therefor  upon  their  official  bonds;  but,  in  case  any 
county  tax  collector  shall  collect  any  assessment  for  any  irrigation 
district,  he  shall  pay  the  same  to  the  county  treasurer,  who  shall  place 
such  money  in  special  fund  to  the  credit  of  the  district  and  shall  dis- 
burse the  same  to  the  proper  persons  for  the  purposes  for  which  such 
assessments  have  been  levied  and  shall  not  pay  any  part  thereof  to  the 
treasurer  of  said  district  until  said  county  treasurer  shall  be  satisfied 
that  all  of  the  valid  obligations  for  which  such  assessments  were  levied 
and  for  which  payment  has  been  demanded  have  been  paid.  (Stats. 
1917,  p.  765.) 

Duty  of  district  attorney. 

Sec.  39c.  It  shall  be  the  duty  of  the  district  attorney  of  each  county 
in  which  the  office  of  any  irrigation  district  is  located  to  ascertain  each 
year  whether  the  duties  relating  to  the  levying  and  collection  of  assess- 
ments, as  in  this  act  provided,  have  been  performed,  and  if  he  shall 
learn  that  the  board  of  directors  or  any  official  of  any  such  irrigation 
district  has  neglected  or  refused  to  perform  any  such  duty,  said  district 
attorney  shall  so  notify  the  board  of  supervisors  or  the  county  official 
required  by  this  act  to  perform  such  duty  in  such  case,  and,  unless 
such  board  of  supervisors  or  such  county  official  shall  proceed  to  the 
performance  of  such  duty  within  thirty  days  after  the  receipt  of  such 
notice  the  district  attorney  shall  take  such  action  in  court  as  may  be 
necessary  to  compel  the  performance  of  such  duty,  and  said  district 
attorney  shall  give  such  notice  to  other  officials,  and  shall  take  such 
action,  as  may  be  necessary  to  secure  the  performance  in  their  proper 
sequence  of  the  other  duties  relating  to  the  levying  and  collection  of 
assessments,  as  in  this  act  provided,  that  for  the  enforcement  of  the 
levying  and  collection  of  any  assessment  hereafter  required  to  be  levied 
and  collected  for  the  payment  of  any  debt  hereafter  incurred,  in  case 
complaint  shall  be  made  to  the  attorney  general  of  the  State  of  Cali- 
fornia that  the  district  attorney  of  any  county  has  not  performed  any 
duty  devolving  upon  him  by  the  provisions  of  this  section,  or  that  he  is 
not  proceeding  with  due  diligence  or  in  the  proper  manner  in  the 
performance  of  any  such  duty,  the  attorney  general  shall  make  an 
investigation,  and  if  it  shall  be  found  that  such  charge  or  charges  are 
true,  said  attorney  general  shall  take  such  measures  as  may  be  necessary 
to  enforce  the  performance  of  the  duties  relating  to  the  levying  and 
collection  of  assessments,  as  in  this  act  provided.     (Stats.  1917,  p.  766.) 

Maiia  vs.  8.  J.  and  P.  V.  Irr.  Dist..  131  Fed.  780. 

Extension  of  time. 

Sec.  S9d.  If  as  the  result  of  the  neglect  or  refusal  of  any  official  or 
officials  to  perform  any  duty  relating  to  the  levying  and  collection  of 
assessments,  as  in  this  act  provided,  it  shall  be  impossible  for  such  duty 
to  be  performed  within  the  time  required  and  such  duty  shall  subse- 
quently be  performed,  then  the  time  within  which  all  duties  con.sequent 
upon  the  performance  of  such  duty  shall  be  performed  shall  be  extended 


48  CALXPOBNIA   IREIGATION   DISTRICT   LAWS. 

SO  as  to  allow  the  elapsing  of  the  intervals  required  by  this  act  to  elapse 
between  the  performance  of  sueh  duties,  and  the  assessments  herein 
provided  for  shall  not  become  delinquent  for  at  least  thirty  days  after 
the  first  publication  of  the  notice  that  such  assessments  are  due  and 
payable,  as  provided  in  section  forty-one  of  this  act,  (Stats.  1917, 
p.  767.) 

Assessment  of  land  omitted. 

Sec.  39e.  In  the  event  any  land  within  said  district  subject  to  assess- 
ment for  the  purposes  of  the  district  has  not  been  assessed  by  the  county 
assessor  or  does  not  appear  upon  the  county  assessment  roll  adopted  by 
said  board  of  supervisors  as  the  basis  of  assessment  for  the  district,  the 
land  so  omitted  belonging  to  any  person,  association,  corporation,  or 
municipality  shall  be  forthwith  assessed  by  the  county  assessor  upon 
an  order  of  the  board  of  supervisors  and  a  description  of  the  property 
so  omitted  shall  be  written  in  the  roll  prepared  for  the  purpose  of 
district  assessments.  In  such  case,  before  any  assessment  is  levied,  the 
board  of  supervisors  must  meet  and  equalize  said  assessment  with  that 
of  the  assessment  of  other  lands  in  said  district.  The  same  notice  shall 
be  given  by  the  board  of  supervisors  of  such  meeting  for  purpose 
of  equalizing  the  assessment  to  be  made  as  herein  directed  as  is  provided 
in  this  act  to  be  given  by  the  board  of  directors  of  an  irrigation  district 
when  the  said  board  is  to  meet  for  the  purpose  of  equalizing  assess- 
ments.-'^ll  the  powers  and  duties  respecting  the  collection  of  all 
assessment  on  possession  of,  claim  to,  or  right  to  the  possession  of  land 
now  provided  in  sections  three  thousand  eight  hundred  twenty,  three 
thousand  eight  hundred  twenty-one,  three  thousand  eight  hundred 
twenty-two,  three  thousand  eight  hundred  twenty-three,  three  thou- 
sand eight  hundred  twenty-four,  three  thousand  eight  hundred  twenty- 
five  and  three  thousand  eight  hundred  tw«nty-nine  of  the  I^olitical 
Code,  as  regards  county  assessors  shall  apply,  so  far  as  applicable  to 
irrigation  district  assessors.     (Stats.  1917,  p.  767.) ^ 

yUnpaid  tolls  part  of  assessment. 

/       Sec.  39/.     Whenever  any  tolls  and  charges  for  the  use  of  water  and 

other  public  uses  provided  for  by  this  act  have  been  fixed  by  the  board 

of  directors,  it  shall  be  lawful  to  make  the  same  payable  in  advance.    In 

case  any  tolls  or  charges  remain  unpaid  at  the  time  specified  for  the 

delivery  of  the  assessment  book  to  the  collector  of  the  district,  the 

amount  due  for  such  tolls  and  charges,  may  be  added  to  and  become 

V    a  part  of  the  annual  assessment  levied  upon  the  land  upon  which  the 

\   water  for  which  such  tolls  and  charges  are  unpaid  was  used  and  upon 

j  the  lands  subject  to  tolls  and  charges  for  other  public  uses,  and  shall 

/   constitute  a  lien  on  said  land,  and  if  such  assessment  is  divided  and 

/     made  payable  in  two  installments  such  unpaid  tolls  and  charges  may 

I     be  added  to  and  become  a  part  of  the  first  installment  of  said  assess- 

\    ment.     (Stats.  1925,  p.  501.) 


Assessment  becomes  a  lien,  when. 

Sec.  40.  The  assessment  upon  land  is  a  lien  against  the  property 
assessed  from  and  after  the  first  Monday  in  ]March  for  any  year. 
(Stats.  1917,  p.  768.) 

M\ttev  d  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  49 

Assessments  may  be  refunded,  when. 

Sec.  40a.  In  case  the  board  of  directors  of  any  irrigation  district 
shall  find  that  any  property  has  been  assessed  in  any  year  more  than 
once  or  has  been  assessed  by  reason  of  a  clerical  error  for  more  than  its 
full  cash  value,  or  computed  on  an  excessive  acreage,  or  that  any  prop- 
erty assessed  was  not  in  the  district  when  so  assessed,  the  board  may 
authorize  the  collector  to  cancel  or  modify  such  assessment,  as  may  be 
proper,  and  in  case  of  any  such  change  in  any  assessment,  the  secretary 
shall  credit  the  collector  with  the  amount  of  said  assessment  if  it  is 
canceled,  or  the  amount  by  what  it  is  reduced  if  it  is  modified. 

Any  assessments,  penalties  or  costs  thereon,  or  portions  thereof,  pro- 
vided for  by  this  act,  heretofore  or  hereafter  paid  more  than  once,  or 
heretofore  or  hereafter  erroneously,  or  illegally  collected,  may  by  order 
of  the  board  of  directors  be  refunded  by  the  district  treasurer. 

No  order  for  the  refund  of  assessments,  penalties  or  costs  under  this 
section  shall  be  made  except  upon  a  verified  claim  therefor  verified  by 
the  person  who  has  paid  said  assessments,  penalties  or  costs,  or  by  his 
guardian,  or  in  case  of  his  death,  by  his  executor  or  administrator, 
which  said  claim  must  be  filed  within  one  year  after  the  making  of  the 
payment  sought  to  be  refunded.     (Stats.  1923,  p.  632.) 

Notice  that  assessments  are  due;  when  delinquent. 

Sec.  41.  On  or  before  the  first  day  of  November,  the  secretary  must 
deliver  the  assessment  book  to  the  collector  of  the  district,  who  shall 
within  twenty  days  publish  a  notice  in  a  newspaper  published  in  each 
county  in  which  any  portion  of  the  district  may  lie,  that  said  assess- 
ments are  due  and  payable  and  will  become  delinquent  at  six  o'clock 
p.m.  on  the  last  Monday  of  December  next  thereafter,^  and  that  unless 
paid  prior  thereto  ten  per  cent  will  be  added  to  the  amount  thereof,  and 
also  the  time  and  place  at  which  payment  of  assessments  may  be  made^ 
which  notice  shall  be  published  for  the  period  of  two  weeks.  The  col- 
lector must  attend  at  the  time  and  place  specified  in  the  notice  to 
receive  assessments,  which  must  be  paid  in  gold  and  silver  coin;  he 
must  mark  the  date  of  payment  of  any  assessment  in  the  assessment 
book,  opposite  the  name  of  the  person  paying  and  give  a  receipt  to  such 
person,  specifying  the  amount  of  the  assessment  and  the  amount  paid, 
with  the  description  of  the  property  assessed.  On  the  last  Monday  in 
December  at  six  o'clock  p.m.  of  each  year,^  all  unpaid  asses.sments  are 
delinquent  and  thereafter  the  collector  must  collect  thereon,  for  the 
use  of  the  district,  an  addition  of  ten  per  cent.     (Stats.  1913,  p.  1002.) 

San  Diego  vs.  Linda  Vista  Dist.,  108  Cal.  189  ; 

Perry  vs.   Otay  Irr.  Dist.,  127  Cal.   565  ; 

Bruschi  vs.  Cooper,  30  Cal.  App.  682  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626  ; 

Holland  vs.  Avondale  Dist.   (Idaho),  166  Pac.  259: 

Farwell  vs.  San  Jacinto  etc.  Irr.  Dist.,  49  Cal.  App.  167. 

Suit  against  delinquent,  to  collect  assessment. 

Sec.  41a.  The  board  of  directors  may  at  any  time  after  any  assess- 
ment has  become  delinquent  direct  the  collector  not  to  proceed  with  the 

ijf  provision  has  been  made  for  the  payment  of  assessments  in  two  installments, 
one-half  becomes  delinquent  at  the  above  time  and  one-half  at  6  p.m.  on  the  last 
Monday  of  June  next  thereafter.  See  section  4  of  the  act  of  1909  permitting  payment 
of  assessments  In  two  installments,  Part  III,  Division  4,  Act  4. 

4—40508 


50  CALIFORNIA   IRRIGATION  DISTRICT  LAWS. 

sale  of  any  property  on  the  delinquent  list,  but  to  bring  suit  against 
the  delinquent  in  the  proper  court  in  the  name  of  the  district  to  enforce 
such  collection.  The  provisions  of  the  Code  of  Civil  Procedure  relat- 
ing to  pleadings,  proofs,  trials,  and  pleas  are  hereby  made  applicable 
to  the  proceedings  herein  provided  for,  and  in  such  suit  the  district 
may  recover  the  amount  of  said  assessment  together  with  the  penalties 
and  interests,  provided  in  this  act,  and  costs  of  suit.  (Stats.  1915, 
p.  1368.) 

Irrigation  district  assessment  is  an  assessment  for  benefits. 
San  Diego  vs.  Linda  Vista  Irr.  Dist.,  108  Cal.  189. 

As  to  enforcement  of  collection  by  suit  against  delinquent,  see 

Atchison  T.  d  S.  F.  Ry.  Co.  vs.  Reclamation  Dist.,  173  Cal.  91. 

PUBLICATION  OF  DELINQUENT  NOTICE. 

Delinquent  list;  day  of  sale. 

Sec.  42.  On  or  before  the  first  day  of  February,  the  collector  must 
publish  the  delinquent  list,^  which  must  contain  the  names  of  the  persons 
and  a  description  of  the  property  delinquent,  and  the  amount  of  the 
assessments  and  costs  due  opposite  each  name  and  description.  He 
must  append  to  and  publish  with  the  delinquent  list  a  notice,  that  unless 
the  assessments  delinquent,  together  with  costs  and  percentage,  are 
paid,  the  real  property  upon  which  such  assessments  are  a  lien  will  be 
sold  at  public  auction.  The  publication  must  be  made  once  a  week 
for  three  successive  weeks,  in  a  newspaper  published  in  the  county  in 
which  the  property  delinquent  is  situated;  provided,  that  if  any 
property  assessed  to  the  same  person  or  corporation  shall  lie  in  more 
than  one  county,  then  such  publication  may  be  made  in  any  county  in 
which  any  portion  of  such  property  may  lie.  The  publication  must 
designate  the  time  and  place  of  sale.  The  time  of  sale  must  not  be  less 
than  twenty-one  nor  more  than  twenty-eight  days  from  the  first  publica- 
tion, and  the  place  must  be  at  some  point  designated  by  the  collector, 
within  the  district;  provided,  however,  that  if  there  should  occur  any 
error  in  the  publication  of  the  sale  of  the  delinquent  property,  which 
might  invalidate  a  sale  made  thereunder,  and  such  error  is  discovered 
prior  to  sale  thereunder  the  collector  shall  at  once  republish  the  sale  of 
the  property  affected  by  such  error,  making  such  republication  conform 
to  the  provisions  of  this  law,  and  the  time  of  sale  designated  in  such 
republication  must  not  be  less  than  twenty-one  nor  more  than  twenty- 
eight  days  from  the  first  republication ;  and  the  place  of  sale  must  be  at 
some  point  designated  by  the  collector  within  the  district,  and  stated  in 
such  republication. 

Best  vs.  Wohlford,  153  Cal.  17  ; 
Bruschi  vs.  Cooper,  30  Cal.  App.  682-96. 

SALE  FOR  DELINQUENT  TAXES. 
Sale  of  property  for  delinquent  taxes. 

Sec.  43.  The  collector  must  collect,  in  addition  to  the  assessments 
due  on  the  delinquent  list,  and  ten  per  cent  added,  fifty  cents  on  each 
lot,  piece  or  tract  of  land  separately  assessed.     On  the  day  fixed  for  the 

"If  provision  has  been  made  for  the  payment  of  assessments  In  two  installments, 
publication  of  the  delinquent  list  shall  not  be  made  before  the  first  day  of  July,  but 
must  be  made  on  or  before  the  first  day  of  August.  See  section  5  of  the  act  of  1909 
permitting  the  payment  of  assessments  in  two  installments.  Part  III,  Division  4.  Act  4. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  51 

sale,  or  some  subsequent  day  to  which  he  may  have  postponed  it,  of 
which  he  must  give  notice,  the  collector,  between  the  hours  of  ten  a.m. 
and  three  o'clock  p.m.,  must  commence  the  sale  of  the  property  adver- 
tised, commencing  at  the  head  of  the  list  and  continuing  alphabetically, 
or  in  the  numerical  order  of  the  lots  or  blocks,  until  completed.  He 
may  postpone  the  day  of  commencing  the  sales,  or  the  sale,  from  day  to 
day,  but  the  sale  must  be  completed  within  three  weeks  from  the  day 
first  fixed ;  provided,  that  if  any  sale  or  sales  shall  be  stayed  by  legal 
proceedings,  the  time  of  the  continuance  of  such  proceedings  is  not 
part  of  the  time  limited  for  making  such  sale  or  sales;  and  provided 
further,  that  in  any  district  where  the  validity  of  any  assessment  shall 
be  in  litigation  at  the  time  this  act  shall  take  effect,  the  sale  of  any 
property,  whether  it  be  involved  in  such  litigation  or  not,  may  be  post- 
poned for  a  time  not  to  exceed  four  months.     (Stats.  1913,  p.  1003.) 

Woodruff  vs.  Perry,  103  Cal.  611 ; 
Baxter  vs.  Vineland  Dist.,  136  Cal.  185-193  ; 
Bruschi  vs.  Cooper,  30  Cal.  App.  682  ; 
Corson  vs.  Crocker,  31  Cal.  App.  626. 

Rights  of  owner  of  realty ;  resale  in  default  of  payment;  district  may  purchase. 
Sec.  44.  The  owner  or  person  in  possession  of  any  real  estate  offered 
for  sale  for  assessments  due  thereon  may  designate,  in  writing,  to  the 
collector,  prior  to  the  sale,  what  portion  of  the  property  he  wishes  sold, 
if  less  than  the  whole ;  but  if  the  owner  or  possessor  does  not,  then  the 
collector  may  designate  it  and  the  person  who  will  take  the  least  quan- 
tity of  the  land,  or  in  case  an  undivided  interest,  is  assessed,  then  the 
smallest  portion  of  the  interest,  and  pay  the  assessments  and  costs  due, 
including  two  dollars  for  the  duplicate  certificate  of  sale,  is  the  pur- 
chaser. If  the  purchaser  does  not  pay  the  assessments  and  costs  before 
ten  o'clock  a.m.  the  following  day,  the  property  on  the  next  sale  day 
must  be  resold  for  the  assessments  and  costs.  But  in  case  there  is  no 
purchaser  in  good  faith  for  the  same  on  the  first  day  that  the  property 
is  offered  for  sale,  then,  when  the  property  is  offered  thereafter  for  sale, 
and  there  is  no  purchaser  in  good  faith  for  the  same,  the  whole  amount 
of  the  property  assessed  shall  be  struck  off  to  the  irrigation  district 
within  which  such  lands  are  situated,  as  the  purchaser,  and  the  dupli- 
cate certificate  delivered  to  the  treasurer  of  the  district,  and  filed  by 
him  in  his  office.  No  charge  shall  be  made  for  the  duplicate  certificate 
where  the  district  is  the  purchaser,  and,  in  such  case,  the  collector 
shall  make  an  entry,  ".sold  to  the  district"  and  he  shall  be  credited 
with  the  amount  thereof  in  his  settlement.  An  irrigation  district  as  a 
purchaser  at  such  sale,  shall  be  entitled  to  the  same  rights  as  a  private 
purchaser,  subject  to  the  right  of  redemption  hereinafter  provided,  and 
the  district  as  such  purchaser  may  sell,  assign  and  transfer  such  certifi- 
cate of  sale  for  a  consideration  of  not  less  than  the  amount  of  the 
assessment,  penalties  and  costs.    (Stats.  1925,  p.  429.) 

Designation  of  least  quantity,  etc. : 

Beat  vs.  Wohlford,  153  Cal.  17-20. 

Priority  of  tax  liens : 

Nevada  National  Bank  vs.  Poso  Dist.,  140  Cal.  344;  *^ 
Henrylyn  Irr.  Dist.  vs.  Patterson  (Colo.),  176  Pac.  493; 
(Political  Code,  section  3787  ;  Sec.  48,  infra.)  ^ 

Certificate  of  sale. 

Sec.  45.     After  receiving  the  amount  of  assessments  and  costs,  the 
collector  must  make  out  in  duplicate  a  certificate,  dated  on  the  day  of 


52  GALIFORNIA   IBRIGATION   DISTRICT   LAWS. 

sale,  stating  (when  known)  the  name  of  the  person  assessed,  a  descrip- 
tion of  the  land  sold,  the  amount  paid  therefor,  that  it  was  sold  for 
assessments,  giving  the  amount  and  year  of  the  assessment,  and  specify- 
ing the  time  when  the  purchaser  will  be  entitled  to  a  deed.  The  certifi- 
cate must  be  signed  by  the  collector,  and  one  copy  delivered  to  the 
purchaser,  and  the  other  filed  in  the  office  of  the  county  recorder  of  the 
county  in  which  the  land  is  situated. 

Wilson   vs.    Carter,    117    Cal.    53  ; 
Best  vs.  Wohlford.  153  Cal.  17; 
Bruschi  vs.  Cooper,  30  Cal.  App.  682  ; 
Corson  vs.  Crocker,  31  Cal.  App.   626  ; 
McDonough  vs.  Cooper.  179  Cal.  384  ; 
(See  section  48,  infra.) 

Record  book  of  property  sold  for  assessments. 

Sec.  46.  The  collector,  before  delivering  any  certificate,  must  in  a 
book  enter  a  description  of  the  land  sold,  corresponding  with  the  descrip- 
tion in  the  certificate,  the  date  of  the  sale,  purchasers'  names,  and 
amount  paid,  regularly  number  the  description  on  the  margin  of  the 
book,  and  put  a  corresponding  number  on  each  certificate.  Such  book 
must  be  open  to  public  inspection,  without  fee,  during  office  hours,  when 
not  in  actual  use.  On  filing  the  certificate  with  such  county  recorder 
the  lien  of  the  assessments  vests  with  the  purchaser,  and  is  only  divested 
by  the  payment  to  him,  or  to  the  collector  for  his  use,  of  the  purchase 
money,  and  two  per  cent  per  month  from  the  day  of  sale  until 
redemption. 

REDEMPTION  OF  PROPERTY  SOLD  FOR  DELINQUENT  TAXES. 

Redemption  of  property. 

Sec.  47.  A  redemption  of  the  property  sold  may  be  made  by  the 
owner  or  any  party  in  interest,  within  three  years  from  the  date  of 
purchase,  or  at  any  time  thereafter  before  a  deed  has  been  made-  and 
delivered.  Redemption  must  be  made  in  gold  or  silver  coin,  as  provided 
for  the  collection  of  state  and  county  taxes,  and  wihen  made  to  the 
collector  he  must  credit  the  amount  paid  to  the  purchaser  or  his 
assignees.  In  each  report  the  collector  makes  to  the  board  of  directors, 
he  must  name  the  person  entitled  to  redemption  money,  and  the  amount 
due  each.  On  receiving  the  certificate  of  sale,  the  county  recorder  must 
file  it  and  make  an  entry  in  a  book  similar  to  that  required  of  the 
collector.  On  the  presentation  of  the  receipt  of  the  person  named  in 
the  certificate,  or  of  the  collector  for  his  use,  of  the  total  amount  of  the 
redemption  money,  the  recorder  must  mark  the  word  "redeemed,"  the 
date,  and  by  whom  redeemed,  on  the  certificate  and  on  the  margin  of 
the  book  where  the  entry  of  the  certificate  is  made.  If  the  property  is 
not  redeemed  within  the  time  herein  provided,  the  collector  or  his 
successor  in  office,  upon  demand,  must  make  to  the  purchaser,  or  his 
assignee,  a  deed  of  the  property,  reciting  in  the  deed  substantially  the 
matters  contained  in  the  certificate,  and  that  no  person  redeemed  the 
property  during  the  time  allowed  by  law  for  its  redemption.  The  col- 
lector shall  receive  from  the  purchaser  for  the  use  of  the  district,  two 
dollars  for  making  such  deed.  Where  property  has  been  sold  to  the 
district  and  a  deed  for  it  has  been  given  to  the  district  as  the  pur- 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  53 

chaser,  the  title  so  acquired  by  the  district  may  be  conveyed  by  deed 
executed  and  acknowledged  by  the  president  and  secretary  of  the  board 
of  directors;  provided,  that  authority  to  so  convey  must  be  conferred 
by  resolution  of  th«  board  entered  on  its  minutes  fixing  the  price  at 
which  such  sale  may  be  made ;  and  provided,  further,  that  where  prop- 
erty has  been  sold  to  the  district  it  may  be  redeemed  as  herein  pro- 
vided at  any  time  before  the  district  has  disposed  of  the  same.  (Stats. 
1925,  p.  429.) 

Bruschi  vs.  Cooper,  30  Cal.  App.  682. 

Delinquent  taxes  not  bar  to  dissolution;  deed  of  land  sold. 

Sec.  47^.  The  five  year  period  herein  prescribed  for  the  redemption 
of  properties  sold  for  delinquent  taxes  shall  not  operate  as  a  bar  to  the 
dissolution  of  any  irrigation  district.  If  any  land  has  been  sold  for 
delinquent  taxes  of  a  district  in  process  of  dissolution,  or  in  a  district 
which  has  been  dissolved,  and  the  time  allowed  for  redemption  has  not 
expired,  the  owner  of  such  property  or  any  one  in  interest  may  redeem 
the  same  by  paying  the  amount  due  thereon,  computed  as  provided  in 
section  forty-six  of  this  act,  to  the  county  treasurer,  who  must  issue  his 
receipt  therefor,  and  upon  the  presentation  of  such  receipt  the  county 
recorder  must  cancel  the  certificate  of  sale  in  the  manner  required  in 
the  preceding  section. 

In  the  event  any  land  has  been  sold  for  nonpayment  of  taxes  as 
herein  provided,  and  no  redemption  has  been  made  within  five  years 
from  the  date  of  purchase  in  any  district  which  may  have  been  dis- 
solved before  the  expiration  of  said  redemption  period,  then  a  deed  for 
the  property  sold  and  described  in  the  certificate  of  sale  must  be  made 
to  the  purchaser  upon  demand  by  the  county  treasurer  of  the  county 
in  which  said  irrigation  district  is  or  was  situated.  Such  deed  shall 
contain  all  the  recitals  of  the  certificate  of  sale,  and  in  addition  thereto, 
a  recital  that  the  district  has  been  dissolved,  and  a  deed  executed  in 
pursuance  of  the  authority  given  by  this  section.  A  deed  so  executed 
shall  have  the  same  force  and  eflFect  as  if  executed  by  the  collector  of 
an  irrigation  district.     (Stats.  1911,  p.  516.) 

Tax  deed,  evidence  of  what. 

Sec.  48.  The  matter  recited  in  the  certificate  of  sale  must  be  recited 
in  the  deed,  and  such  deed  duly  acknowledged  or  proved  is  prima  facie 
evidence  that:  (a)  The  property  was  as.sessed  as  required  by  law;  (h) 
the  property  was  equalized  as  required  by  law;  (c)  the  assessments 
were  levied  in  accordance  with  law;  (d)  the  assessments  were  not  paid; 
(e)  at  a  proper  time  and  place  the  property  was  sold  as  prescribed  by 
law,  and  by  the  proper  officer;  (f)  the  property  was  not  redeemed;  (gr) 
the  person  who  executed  the  deed  was  the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  is  (except  as  against  actual 
fraud)  conclusive  evidence  of  the  regularity  of  all  the  proceedings  from 
the  assessment  by  the  assessor,  inclusive,  up  to  the  execution  of  the  deed. 
The  deed  conveys  to  the  grantee  the  absolute  title  to  the  lands  described 
therein  free  of  all  encumbrances,  except  when  the  land  is  owned  by  the 


54  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

United  States^  or  this  state,  in  which  case  it  is  prima  facie  evidence  of 
the  right  of  possession. 

Cooper  vs.  Miller,  113  Cal.  238  ; 

Escondido  H.  8.  Dist.  vs.  Escondido  Seminary,  130  Cal.  128; 

Best  vs.   Wohlford,  144  Cal.  733  ; 

Best  vs.  Wohlford,  153  Cal.  17  ; 

Haese  vs.  Heitzig,  159  Cal.  569,  575  ; 

McOonough  vs.  Cooper,  179  Cal.  384  ; 

Bruschi  vs.  Cooper,  30  Cal.  App.  682  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626. 

Assessment  book,  evidence  of  what. 

Sec  49.  The  assessment  book  or  delinquent  list,  or  a  copy  thereof, 
certified  by  the  collector,  showing  unpaid  assessments  against  any 
person,  or  property,  is  prima  facie  evidence  of  the  assessment,  the 
property  assessed,  the  delinquency,  the  amount  of  assessments  due  and 
unpaid,  and  that  all  the  forms  of  the  law  in  relation  to  the  assessment 
and  levy  of  such  assessments  have  been  complied  with. 

Bruschi  vs.  Cooper,  31  Cal.  App.  682  ; 

Boree  vs.  Pasco  Irr.  Dist.,  36  Cal.  App.  E>ec.   199  ; 

Miller  d  Lux,  vs.   Secara,  193  Cal.  755. 

Misnomer  does  not  invalidate. 

Sec  50.  "When  land  is  sold  for  assessments  correctly  imposed,  as  the 
property  of  a  particular  person,  no  misnomer  of  the  owner,  or  supposed 
owner,  or  other  mistake  relating  to  the  ownership  thereof  affects  the 
sale,  or  renders  it  void,  or  voidable. 

Escondido  H.  8.  Dist.  vs.  Escondido  Seminary,  130  Cal.  128 ; 
Commercial  National  Bank  vs.  8chlitz,  6  Cal.  App.  174,  182  ; 
Bruschi  vs.  Cooper,  30   Cal.  App.   682. 

Settlements  between  secretary  and  collector. 

Sec  51.  On  the  first  Monday  in  each  month,  the  collector  must  settle 
with  the  secretary  of  the  board  for  all  moneys  collected  for  assessments, 
and  pay  the  same  over  to  the  treasurer ;  and  within  six  days  ther^ter 
he  must  deliver  to  and  file  in  the  office  of  the  secretary  a  statement  under 
oath,  showing:  (a)  An  account  of  all  his  transactions  and  receipts  since 
his  last  settlement;  (6)  that  all  money  collected  by  him  as  collector  has 
been  paid.  The  collector  shall  also  file  in  the  office  of  the  secretary,  on 
said  first  Monday  in  each  month,  the  receipt  of  the  treasurer  for  the 
money  so  paid. 

REDEMPTION  OF  BONDS  AND  PAYMENT  OF  INTEREST. 
Redemption  of  bonds. 

Sec  52,  Upon  presentation  of  any  matured  bond  or  any  matured 
interest  coupon  of  any  bond  of  the  district,  the  treasurer  shall  pay  the 
same  from  the  bond  fund.  If  funds  are  not  available  for  the  payment 
of  any  such  matured  bond  or  interest  coupon,  it  shall  draw  interest  at 
the  rate  of  seven  per  cent  per  annum  from  the  date  of  its  presentation 
for  payment  until  notice  is  given  that  funds  are  available  for  its  pay- 
ment, and  it  shall  be  stamped  and  provision  made  for  its  payment  as 
in  the  case  of  a  warrant  for  the  payment  of  which  funds  are  not 
available  on  its  presentation.  Whenever  the  bond  fund  contains  ten 
thousand  dollars  in  excess  of  the  amount  necessary  to  pay  all  bonds  and 
interest  coupons  of  the  district  that  have  matured  or  that  will  mature 
before  the  time  when  any  part  of  the  next  annual  assessment  to  be 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  55 

levied  in  the  district  will  become  delinquent,  the  board  of  directors  may 
advertise,  in  the  manner  hereinbefore  provided  for  the  sale  of  bonds, 
for  the  receipt  of  sealed  proposals  for  the  delivery  to  the  district  for 
redemption  of  any  of  its  bonds  not  due.  Said  advertisement  shall  state 
the  amount  which  may  be  used  for  the  redemption  of  such  bonds.  Any 
such  proposals  shall  be  opened  by  the  board  in  open  meeting  at  the  time 
named  in  said  advertisement,  and  the  offer  or  offers  of  such  bonds  at  the 
lowest  rate  or  rates  shall  be  accepted ;  provided,  that  no  bonds  shall  be 
redeemed  at  more  than  the  par  value  thereof  except  by  unanimous  vote 
of  the  directors.  In  case  two  or  more  proposals  are  equal  and  there  is 
not  sufficient  money  available  to  accept  them  all,  the  lowest  numbered 
bonds  shall  have  the  preference.  In  case  not  enough  bonds  are  offered 
for  redemption  at  prices  which  the  board  of  directors  accepts,  the  board 
may  invest  any  money  available  for  redemption  of  bonds  in  bonds  of 
the  United  States  or  the  State  of  California  and  shall  hold  the  bonds 
so  purchased  as  part  of  the  bond  fund  until  such  time  as  the  board  may 
determine  that  it  is  for  the  best  interests  of  the  district  that  such  bonds 
or  any  of  them  be  sold.  In  case  of  the  sale  of  any  such  bonds,  the 
proceeds  of  the  sale  shall  be  deposited  in  the  bond  fund.  (Stats.  1919, 
p.  667.) 

Hewel  vs.  Hogin,  3  Cal.  App.  248. 

Statute  of  limitations : 

Sechriat  vs.  Rialto  Irr.  Dist..  129  Cal.  640; 

Curtis  vs.  Rialto  Irr.  Dist.  (Cal.  App.),  187  Pac.  117  ; 

Farwell  vs.  8cm  Jacinto  and  P.  V.  Irr.  Dist.   (Cal.  App.),  192  Pac.  1034. 

CONSTRUCTION  OF  WORKS. 
Bids  for  construction  of  works. 

Sec.  53.  After  adopting  a  plan  for  such  canal  or  canals,  storage 
reservoirs,  and  works,  as  in  this  act  provided  for,  the  board  of  directors 
shall  give  notice,  by  publication  thereof  not  less  than  twenty  days  in 
one  newspaper  published  in  each  of  the  counties  composing  the  district 
(provided  a  newspaper  is  published  therein),  and  in  such  other  news- 
papers as  they  may  deem  advisable,  calling  for  bids  for  the  construction 
of  such  work,  or  of  any  portion  thereof ;  if  less  than  the  whole  work  is 
advertised,  then  the  portion  so  advertised  must  be  particularly  (described 
in  such  notice.  Said  notice  shall  set  forth  that  plans  and  specifications 
can  be  seen  at  the  office  of  the  board,  and  that  the  board  will  receive 
sealed  proposals  therefor,  and  that  the  contract  will  be  let  to  the  lowest 
responsible  bidder,  stating  the  time  and  place  for  opening  said  pro- 
posals, which,  at  the  time  and  place  appointed,  shall  be  opened  in 
public ;  and  as  convenient  thereafter  the  board  shall  let  said  work,  either 
in  portions  or  as  a  whole,  to  the  lowest  responsible  bidder ;  or  they  may 
reject  any  or  all  bids  and  readvertise  for  proposals  or  may  proceed  to 
construct  the  work  under  their  own  superintendence;  provided,  that  in 
case  of  emergency  or  urgent  necessity  for  the  construction,  extension 
or  repair  of  works  for  irrigation  or  drainage,  the  board  of  directors, 
by  unanimous  vote  of  those  present  at  any  regular  or  special  meeting, 
may  award  contracts  therefor  without  advertising  for  bids,  but  the 
cost  of  such  work  shall  not  exceed  five  hundred  dollars  and  such 
additional  amount  as  shall  be  equal  to  five  cents  for  each  acre  of  land 
in  the  district.  Contracts  for  the  purchase  of  material  shall  be  awarded 
to  the  lowest  responsible  bidder.     Any  person  or  persons  to  whom  a 


56  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

contract  may  be  awarded  shall  enter  into  a  bond,  with  good  and  suffi- 
cient sureties,  to  be  approved  by  the  board,  payable  to  said  district  for 
its  use,  for  twenty-five  per  cent  of  the  amount  of  the  contract  price, 
conditioned  for  the  faithful  performance  of  said  contract.  The  work 
shall  be  done  under  the  direction  and  to  the  satisfaction  of  the  engineer, 
and  be  approved  by  the  board.     (Stats.  1919,  p.  668.) 

Healey  vs.  Anglo  Bank.  JAd.,  5  Cal.  App.  278; 

See  section  9  of  Stats.  1917,  p.  243  ;  p.  89  hereof; 

Ttoohy  Bros.  Co.  vs.  Oshoco  Irr.  Dist.   (Ore.),  210  Pac.  873. 

Investigations  by  state  engineer. 

Sec.  53rt.  During  the  construction  of  any  irrigation  works  to  be  paid 
for  out  of  the  proceeds  of  any  bond  issue  which  has  been  certified  by 
the  state  irrigation  district  bond  commission  as  provided  in  the  act 
creating  said  commission,  the  state  engineer  shall  have  access  to  all 
plans,  specifications,  and  records  of  such  construction,  and  shall  from 
time  to  time  make  such  investigations  and  such  reports  to  the  board  of 
directors  of  the  district  as  he  shall  deem  to  be  in  the  interest  of  the 
public  or  of  the  district.     (Stats.  1917,  p.  768.) 

Payment  of  claims. 

Sec.  54.  No  claim  shall  be  paid  by  the  treasurer  until  allowed  by 
the  board,  and  only  upon  a  warrant  signed  by  the  president,  and 
countersigned  by  the  secretary;  provided,  that  the  board  may  draw, 
from  time  to  time,  from  the  construction  fund,  and  deposit  in  the 
county  treasury  of  the  county  where  the  office  of  the  board  is  situated 
any  sum  in  excess  of  the  sum  of  twenty-five  thousand  dollars.  The 
county  treasurer  of  said  county  is  hereby  authorized  and  required  to 
receive  and  receipt  for  the  same  and  place  the  same  to  the  credit  of 
said  district,  and  he  shall  be  responsible  upon  his  official  bond  for  the 
safekeeping  and  disbursement  of  the  same,  a-s  in  this  act  provided. 
He  shall  pay  out  the  same,  or  any  portion  thereof,  to  the  treasurer  of 
the  district  only,  and  only  upon  the  order  of  the  board,  signed  by  the 
president,  and  attested  by  the  secretary.  The  said  county  treasurer 
shall  report,  in  writing,  on  the  second  Monday  in  each  month,  the 
amount  of  money  in  the  county  treasury,  the  amount  of  receipts  for 
the  month  preceding,  and  the  amount  or  amounts  paid  out ;  said  report 
shall  be  verified  and  filed  with  the  secretary  of  the  board.  The  district 
treasurer  shall  also  report  to  the  board,  in  writing,  on  the  first  Monday 
in  each  month,  the  amount  of  money  in  the  district  treasury,  the 
amount  of  receipts  for  the  month  preceding,  and  the  amount  and  items 
of  expenditures,  and  said  report  shall  be  verified  and  filed  with  the 
secretary  of  the  board. 

Perry  vs.  Otay  Irr.  Diat.,  127  Cal.  565. 

Negotiability  and  validity  of  warrants : 

Danby  vs.  Starlight  Irr.  Diat.   (Ore.),  157  Pac.  1066; 
Interstate  Trust  Co.  vs.  Steele  (Colo.),  173  Pac.  873-5. 


Carmichael  vs.  Riley,  37  Cal.  App.  Dec.  318; 

Ser-vis  vs.  Victor  Valley  Irr.  Diat.,  65  Cal.  Dec.  329. 


Reports  to  be  forwarded  to  state  engineer. 

Sec  54^.     During  the  construction  of  any  work  to  be  paid  for  out 
of  the  proceeds  of  the  sale  of  any  bonds  of  any  irrigation  district 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  57 

within  this  state,  the  secretary  of  the  board  of  directors  shall,  within 
one  week  after  each  regular  meeting  of  said  board,  forward  to  the  state 
engineer  copies  of  all  reports  made  to  said  board  as  to  the  progress  of 
said  work  and  a  statement  of  the  amounts  paid  for  the  doing  of  any 
part  of  said  work.  Immediately  after  the  publication  of  the  statement 
of  the  financial  condition  of  any  irrigation  district  within  this  state, 
required  by  section  fourteen  of  this  act  to  be  made  annually,  the  board 
of  directors  of  said  district  shall  cause  a  copy  of  said  statement  and  a 
report  stating  the  general  condition  of  any  works  constructed  or 
acquired  by  said  district  and  whether  or  not  the  plan  of  irrigation 
adopted  by  the  district  is  being  successfully  carried  out  and  any  other 
matters  which  the  board  may  deem  proper,  to  be  forwarded  to  the  state 
engineer,  who  shall  examine  said  statement  and  report  and  make  to 
said  board  such  recommendations  and  comments  as  he  may  deem  proper. 
The  state  engineer  may  at  any  time  make  or  cause  to  be  made  an 
examination  of  the  affairs  of  any  irrigation  district  within  this  state 
or  call  upon  the  authorities  of  such  district  for  such  information  as 
he  may  desire  and  make  such  report  thereon  as  he  mav  deem  advisable. 
(Stats.  1913,  p.  1000.) 

Improvements  to  be  paid  for  from  construction  fund. 

Sec.  55.  The  cost  and  expense  of  purchasing  and  acquiring  property 
and  constructing  the  works  and  improvements  herein  provided  for 
shall  be  wholly  paid  out  of  the  construction  fund;  provided,  however, 
that  when  any  lands,  waters,  water  rights  or  other  property  shall  be 
acquired  by  the  district  by  any  lease  or  contract,  under  the  terms  of 
which  the  consideration  or  rental  shall  be  payable  in  such  installments 
that  a  like  amount  shall  be  payable  in  each  year  of  the  life  of  such 
lease  or  contract,  then  such  rental  or  consideration  shall  be  paid  out  of 
the  funds  derived  from  the  levying  of  annual  assesments,  or  from  the 
collection  of  rates,  tolls  and  charges  fixed  and  collected  as  hereinafter 
provided  for.  For  the  purpose  of  defraying  the  expenses  of  the 
organization  of  the  district,  and  of  the  care,  operation,  management, 
repair  and  improvement  of  such  portions  of  such  canal  and  works  as  are 
completed  and  in  use,  including  salaries  of  officers  and  employees,  and 
installments  of  rental  or  consideration  accruing  under  any  lease  or 
contract  as  hereinabove  in  this  section  mentioned,  the  board  may  in 
lieu  (either  in  part  or  in  whole)  of  levying  assessments  as  herein 
provided  for,  fix  rates  of  toll  and  charges,  for  irrigation  and  other 
public  uses  declared  by  this  act,  and  collect  the  same  from  all  persons 
using  said  canal  for  irrigation  and  other  purposes.  (Stats.  1911, 
p.  516.) 

Hughson  vs.  Crane,  115  Gal.  404  ; 

Mitchell  vs.  Patterson,  120  Cal.  286; 

Buschmann  vs.  Turlock  Irr.  Diat.,  47  Cal.  App.  321  ; 

Wares  vs.  Imperial  Irriqation  District,  193  Cal.  609; 

Danley  vs.  Merced  Irrigation  District  et  al.,  43  Cal.  App.  Dec.  565. 

Right  of  way. 

Sec.  56.  The  board  of  directors  shall  have  power  to  construct  the 
said  works  across  any  stream  of  water,  watercourse,  street,  avenue, 
highway,  railway,  canal,  ditch,  or  flume  which  the  route  of  said  canal 
or  canals  may  intersect  or  cross,  in  such  manner  as  to  afford  security 


58  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

for  life  aud  property;  but  said  board  shall  restore  the  same,  when  so 
crossed  or  intersected,  to  its  former  state  as  near  as  may  be,  or  in  a 
sufficient  manner  not  to  have  impaired  unnecessarily  its  usefulness ;  and 
every  company  wliose  railroad  shall  be  intersected  or  crossed  by  said 
works  shall  unite  witli  said  board  in  forming  said  intersections  and 
crossings,  and  grant  the  privileges  aforesaid;  and  if  such  railroad  com- 
pany and  said  board,  or  the  owners  and  controllers  of  the  said  prop- 
erty, thing,  or  franchise  so  to  be  crossed,  can  not  agree  upon  the  amount 
to  be  paid  therefor,  or  the  points  or  the  matter  of  said  crossings  or 
intersections,  the  same  shall  be  ascertained  and  determined  in  all 
respects  as  is  herein  provided  in  respect  to  the  taking  of  land.  The 
right  of  way  is  hereby  given,  dedicated,  and  set  apart,  to  locate,  con- 
struct, and  maintain  said  works  over  and  through  any  of  the  lands 
which  are  now  or  may  be  the  property  of  this  state ;  and  also  there  is 
given,  dedicated,  and  set  apart,  for  the  uses  and  purposes  aforesaid, 
all  waters  and  water  rights  belonging  to  this  state  within  the  district. 

McPherson  vs.  Alta  Irr.  Diat.,  14  Cal.  App.  353  ; 
MacCatnmeUy  vs.  Pioneer  Irr.  Dist.    (Idaho),  105  Pac.  1076; 
City  of  Nampa  vs.  Nampa,  etc.,  Dist.   (Idaho),  131  Pac.  8. 

GOVERNING  DIRECTORS. 
Compensation  of  officers. 

Sec.  57.  The  directors,  when  sitting  as  a  board  or  acting  under  the 
orders  of  the  board,  shall  each  receive  not  to  exceed  six  dollars  per  day 
and  fifteen  cents  per  mile  for  each  mile  actually  traveled  from  his  place 
of  residence  to  the  office  of  the  board,  and  actual  and  necessary  expenses 
paid  while  engaged  in  official  business  under  the  order  of  the  board; 
provided,  that  in  irrigation  districts  containing  five  hundred  thousand 
acres  or  more  the  directors,  in  lieu  of  said  per  diem,  shall  each  receive 
a  salary  of  one  hundred  and  fifty  dollars  per  month.  The  board  shall 
fix  the  compensation  to  be  paid  to  all  officers  named  in  this  act,  to  be 
paid  out  of  the  treasury  of  the  district;  provided,  that  said  board 
shall,  upon  the  petition  of  at  least  fifty  freeholders  within  such  district 
therefor,  submit  to  the  electors  at  any  general  election  a  schedule  of 
salaries  and  fees  to  be  paid  hereunder,  which  may  include  the  salary 
or  per  diem  to  be  paid  to  the  directors.  Such  petition  must  be  pre- 
sented to  the  board  not  less  than  twenty  days,  nor  more  than  forty 
days,  prior  to  a  general  election,  and  the  result  of  such  election  shall 
be  determined  and  declared  in  all  respects  as  other  elections  are 
determined  and  declared  under  this  act.     (Stats.  1921,  p.  1004.) 

Directors  not  to  be  interested  in  contracts. 

Sec.  58.  No  director  or  any  other  officer  named  in  this  act  shall  in 
any  manner  be  interested,  (iirectly  or  indirectly,  in  any  contract 
awarded  or  to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived 
therefrom ;  and  for  any  violation  of  this  provision,  such  officer  shall  be 
deemed  guilty  of  a  misdemeanor,  and  such  conviction  shall  work  a 
forfeiture  of  his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing six  months,  or  by  both  such  fine  and  imprisonment. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  59 

SPECIAL  ASSESSMENTS. 
Election  on  question  of  special  assessment. 

Sec.  59.  The  board  of  directors  may  at  any  time  call  a  special 
election  and  submit  to  the  qualified  electors  of  the  district  the  question 
whether  a  special  assessment  shall  be  levied  for  the  purpose  of  raising 
money  to  be  applied  to  any  of  the  purposes  of  this  act  or  of  any  act 
supplementary  hereto.  Such  election  must  be  called  upon  the  notice 
prescribed,  and  the  same  shall  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  in  conformity  with  the  provisions  of  sec- 
tion thirty  d  of  this  act.  The  notice  must  specify  the  amount  of  money 
proposed  to  be  raised,  and  the  purpose  or  purposes  for  which  it  is 
intended  to  be  used,  and  it  may  state  that  said  assessment  shall  be 
levied  in  two  or  three  annual  installments  and  specify  the  amount  of 
the  installment  to  be  levied  in  each  year.  At  the  special  election  the 
ballots  shall  contain  the  words  "Assessment — Yes"  or  "Assessment — 
No,"  or  words  equivalent  thereto.  If  a  majority  of  the  votes  cast  are 
"Assessment — Yes,"  the  board  of  directors  shall,  at  the  time  of  the 
annual  levy  hereunder,  levy  a  sum  suflScient  to  raise  the  amount  voted, 
or,  if  the  notice  of  election  shall  have  provided  for  levying  said  assess- 
ment in  annual  installments,  the  board  of  directors  shall,  at  the  time 
of  the  annual  levy  in  each  of  the  years  specified  in  said  notice,  levy 
such  assessment  as  shall  raise  the  amount  of  the  installment  provided 
in  said  notice  to  be  raised  in  said  ye&T ;  provided,  however,  that  in  case 
of  an  unexpected  emergency  by  which  the  flow  of  water  in  the  canal 
or  other  supply  is  interrupted,  the  amount  of  the  indebtedness,  incurred 
in  the  repair  of  the  works  of  said  district,  caused  by  such  interruption, 
not  to  exceed  in  any  one  year  forty  thousand  dollars,  may  also,  in 
addition  to  the  assessments  hereinbefore  provided  for,  be  levied  by  the 
adoption  of  a  resolution  by  at  least  four-fifths  of  the  members  of  the 
board  of  directors,  at  the  time  of  the  levying  of  the  annual  assessment 
provided  for  in  this  act,  without  the  submission  of  the  question  of  such 
levy  to  a  vote,  as  in  this  section  hereinbefore  provided.  (Stats.  1919, 
p.  668.) 

Tregea  vs.  Owena,  94  Cal.  317  ; 

Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  26  Cal.  App.  529 ; 

Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  166  Cal.  491; 

Imperial  Land  Co.  va  Imperial  Irr.  Dist.,  173  Cal.  660  ; 

Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  668  ; 

McDonough  vs.  Cooper,  179  Cal.   384  ; 

aer-vis  vs.   Victor  Valley  Irr.   Dist.,   190   Cal.   732; 

Danley  vs.   Merced  Irr.  Diat.,  43  Cal.   App.   Dec.    566. 

Rate  of  assessments,  how  ascertained. 

Sec  60.  The  rate  of  assessments  levied  under  the  provisions  of  this 
act  shall  be  ascertained  by  deducting  fifteen  per  cent  for  anticipated 
delinquencies  from  the  aggregate  assessed  value  of  the  property  in  the 
district  as  it  appears  on  the  assessment  roll  for  the  current  year,  and 
then  dividing  the  sum  to  be  raised  by  the  remainder  of  such  aggregate 
assessed  value.  Special  assessments  shall  be  computed  and  entered  by 
the  secretary  and  collected  as  a  part  of  the  regular  assessment  levied 
hereunder,  and,  when  collected,  shall  be  paid  into  the  district  treasury 


60  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

for  the  purpose  or  purposes  specified  in  the  notices  calling  the  respective 
elections  at  which  they  were  voted.     (Stats.  1919,  p.  669.) 

McDonough  vs.  Cooper,  179  Cal.  384  ; 

Stevens  vs.  Melville   (Utah),  175  Pac.  602; 

Ser-rAs  vs.  Victor  Valley  Irr.  Dist.,  65  Cal.  Dec.  329. 

INCURRING  INDEBTEDNESS. 
Power  to  incur  indebtedness  restricted. 

Sec.  61.  The  board  of  directors  or  other  officers  of  the  district  shall 
have  no  power  to  incur  any  debt  or  liability  whatever,  either  by  issuing 
bonds  or  otherwise,  in  excess  of  the  express  provisions  of  this  act ;  and 
any  debt  or  liability  incurred  in  excess  of  such  express  provisions  shall 
be  and  remain  absolutely  void,  except  that  for  the  purposas  of  organiza- 
tion, or  for  any  of  the  purposes  of  this  act,  the  board  of  directors  may, 
before  the  levying  of  the  first  assessment,  incur  indebtedness  in  such 
sum  or  sums  as  shall  amount  to  two  thousand  dollars,  or,  if  the  district 
shall  contain  more  than  four  thousand  acres,  to  one-half  as  many 
dollars  as  there  are  acres  of  land  in  the  district,  and  may  cause  war- 
rants of  the  district  to  be  issued  therefor,  bearing  interest  at  not  more 
than  seven  per  centum  per  annum,  said  rate  to  be  fixed  by  the  board 
of  directors.  Each  such  warrant  shall  be  made  payable  on  a  date  not 
later  than  the  first  day  of  July  next  after  the  first  assessment  in  the 
district  shall  be  levied,  and  if  not  paid  when  presented  on  the  due  date 
or  thereafter  shall  be  registered  and  the  amount  due  thereon  shall  draw 
interest  as  provided  in  section  sixty-one  a  of  this  act.  Nothing  con- 
tained in  this  section  shall  be  construed  as  limiting  the  right  of  the 
board  to  enter  into  any  contract  or  lease  for  any  lands,  waters,  water 
rights  or  other  property  as  elsewhere  in  this  act  authorized  and  by 
such  lease  or  contract  to  bind  the  district  for  the  payment  of  the  con- 
sideration specified  in  such  lease  or  contract,  but  if  the  smallest 
payment  to  be  made  under  such  lease  or  contract  in  any  year^ exceeds 
an  amount  equal  to  ten  cents  an  acre  for  all  the  land  in  the  district, 
such  lease  or  contract  shall  not  be  valid  unless  approved  by  the  com- 
mission authorized  by  law  to  approve  the  bonds  of  irrigation  districts 
as  legal  investments  for  savings  banks,  or  unless  an  assessment  sufficient 
to  meet  all  the  payments  to  become  due  under  such  lease  or  contract 
shall  have  been  or  shall  be  authorized  for  that  purpose  in  accordance 
with  section  fifty-nine  of  this  act.     (Stats.  1921,  p.  1110.) 

Mitchell  vs.  Patterson,  120  Cal.  286,  293; 

Bnschmann  vs.  Turlock  Irr.  Dist.,  47  Cal.  App.  321  ; 

Ser-vis  vs.  Victor  Valley  Irr.  Dist..  190  Cal.   732; 

N.  P.  Ry.  Co.  vs.  John  Day  Irr.  Dist.    (Ore.),  211  Pac.   781; 

Miller  d  Lux  vs.  Secara,  193   Cal.   755; 

Danley  vs.    Merced  Irr.   Dist.,   43   Cal.  App.   Dec.    565. 

Warrants  not  paid  to  draw  interest. 

Sec.  61a.  Whenever  any  warrant  of  the  district  payable  on  demand 
is  presented  to  the  treasurer  for  payment  when  funds  are  not  available 
for  the  payment  thereof,  it  shall  thereafter  draw  interest  at  a  rate  to  be 
determined  by  resolution  of  the  board  of  directors,  not,  however,  to 
exceed  seven  per  centum  per  annum,  until  public  notice  is  given  that 
such  funds  are  available.  Upon  the  presentation  of  any  such  warrants 
for  payment,  other  than  warrants  issued  under  the  provisions  of  sec- 
tion sixty-one  hereof,  when  funds  of  the  district  are  not  available  to  pay 
the  same,  the  treasurer  of  the  district  shall  endorse  thereon  the  words 
"funds  not  available  for  payment,"  with  the  date  of  presentation  and 


CALIFORNIA   IBKIQATION    DISTRICT   LAWS.  61 

shall  specify  the  interest  that  such  warrants  shall  thereafter  bear  and 
shall  sign  his  name  thereto.  He  shall  keep  a  record  showing  the 
number  and  amount  of  each  such  warrant,  the  date  of  its  issuance,  the 
person  in  whose  favor  it  was  issued,  and  the  date  of  its  presentation 
for  payment.  Whenever  there  is  sufficient  money  in  the  treasury  to 
pay  all  such  outstanding  warrants  or  whenever  the  board  of  directors 
shall  order  that  all  such  warrants  presented  for  payment  prior  to  a 
certain  date,  be  made  and  there  is  sufficient  money  available  for  such 
payments,  the  treasurer  shall  give  notice  in  some  newspaper  published 
in  the  district,  or,  if  none  is  published  therein,  then  in  some  newspaper 
published  in  the  county  in  which  the  district  or  any  portion  thereof  is 
situated,  or,  if  none  is  published  in  such  county,  then  the  treasurer 
shall  post  such  notice  conspicuously  in  the  place  in  which  the  board 
of  directors  of  the  district  holds  its  regular  meetings,  stating  that  he 
is  prepared  to  pay  all  warrants  of  the  district  for  the  payment  of  which 
funds  were  not  available  upon  their  original  presentation,  or  all  such 
warrants  which  were  presented  for  payment  prior  to  the  date  fixed  by 
the  board  of  directors,  as  the  case  may  be,  and  no  further  description 
of  the  warrants  entitled  to  payment  shall  be  made  in  such  notice.  tJpon 
the  presentation  of  any  warrant  entitled  to  payment  under  the  terms 
of  such  notice,  the  treasurer  shall  pay  it,  together  with  interest  thereon 
at  the  rate  specified  by  the  board  of  directors,  from  the  date  of  its 
original  presentation  for  payment  to  the  date  of  the  first  publication 
or  posting  of  said  notice,  and  all  warrants  for  the  payment  of  which 
funds  are  declared  in  said  notice  to  be  available  shall  cease  to  draw 
interest  at  the  time  of  the  first  publication  or  posting  of  said  notice. 
The  treasurer  shall  enter  in  the  record  hereinbefore  required  to  be  kept, 
the  dates  of  the  payment  of  all  such  warrants,  the  names  of  the  persons 
to  whom  payments  are  made  and  the  amount  paid  to  each  person. 
(Stats.  1915,  p.  1369.) 

Carter  vs.  Tilghman,  119  Cal.  104-6. 

Directors  may  purchase  irrigation  works. 

Sec.  616.  The  board  of  directors  of  irrigation  districts  may  acquire, 
by  purchase  or  condemnation,  the  irrigation  system,  canals  and  works 
through  wihich  lands  in  such  districts  have  been  or  may  be  supplied 
with  water  for  irrigation,^  and  may  exchange  bonds,  of  such  irrigation 
district  for  such  system  or  canals  or  works  or  for  any  portion  thereof, 
or  for  any  interest  therein  or  for  the  capital  stock  of  any  corporation 
owning  such  system  or  any  portion  thereof,  upon  such  terms  and  con- 
ditions as  the  said  board  of  directors  may  deem  best.  (Stats.  1917, 
p.  769.) 

Exchange  of  bonds  for  property: 

Stimson  vs.  Aleasandro  Dist.,  135  Cal.  389  ; 

Hughson  vs.  Crane,  115  Cal.  404  ; 

Stowell  vs.  Rialto  Dist.,  155  Cal.  215  ; 

Ham  vs.  Grapeland  Dist.,  172  Cal.  611 ; 

Hooker  vs.  East  Riverside  Dist.,  38  Cal.  App.  615  ; 

Rialto  Dist.  vs.  Stowell.  246  Fed.  294,  297  ; 

Baltes  vs.  Farmers  Irr.  Dist.    (Nebr.).  83  N.  W.  83; 

Wyman  vs.  Searles   (Nebr.),   128  N.  W.  801; 

O'Neil  vs.  Yelloicstone  Dist.    (Mont),  121  Pac.  283. 

Validity  of  contract  for  exchange : 

Kinkade  vs.  Witherop  (Wash.),  69  Pac.  399; 

Board  of  Directors  vs.  Peterson  (Ore.),  128  Pac.  837. 


*The  procedure  before  the  Railroad  Commission  for  the  valuation  of  the  property 
of  a  public  utility  In  condemnation  proceedings  instituted  by  a  district  is  prescribed 
'n  sections  47  and  70  of  the  Public  Utilities  Act  (as  amended  by  Stats.  1917,  p.  261). 


62  CALIFORNU   IRRIGATION  DISTRICT   LAWS. 

Determination  of  validity  of  bonds. 

Sec.  61c.  Where  the  board  of  directors  of  an  irrigation  district 
have  exchanged  bonds  or  have  agreed  to  exchange  bonds  for  property 
rights  in  any  irrigation  system  or  works  or  for  any  interest  therein 
under  the  provisions  of  section  sixty-one  6  of  this  act,  the  court  shall, 
in  any  proceeding  brought  under  the  provisions  of  the  last  section,  by 
its  decree  determine  the  validity  of  all  bonds  issued  or  to  be  issued 
under  any  contract  or  contracts  for  the  exchange  of  bonds  for  property 
interests  and  by  its  decree  shall  determine  whether  the  bonds  provided 
for  in  said  contracts,  when  delivered  to  the  person  or  corporation 
entitled  thereto  under  the  term-s  of  any  such  contract,  shall  constitute 
valid  obligations  of  said  irrigation  district  as  against  all  persons. 
(Stats.  1915,  p.  1291.) 

GOVERNING  THE  USE  OF  WATER. 
When  the  volume  of  water  is  insufficient. 

Sec.  62.  In  case  the  volume  of  water  in  any  stream  or  river  shall 
not  be  sufficient  to  supply  the  continual  wants  of  the  entire  country 
through  which  it  passes,  and  susceptible  of  irrigation  therefrom,  then  it 
shall  be  the  duty  of  the  water  commissioners,  constituted  as  hereinafter 
provided,  to  apportion,  in  a  just  and  equitable  proportion,  a  certain 
amount  of  said  water  upon  certain  or  alternate  weekly  days  to  different 
localities,  as  they  may,  in  their  judgment,  think  best  for  the  interest  of 
all  parties  concerned,  and  with  due  regard  to  the  legal  and  equitable 
rights  of  all.  Said  water  commissioners  shall  consist  of  the  chairman 
of  the  board  of  directors  of  each  of  the  districts  affected. 

Full  capacity  of  ditches. 

Sec.  63.  It  shall  be  the  duty  of  the  board  of  directors  to  keep  the 
water  flowing  through  the  ditches  under  their  control  to  tjie  full 
capacity  of  such  ditches  in  times  of  high  water. 

Sec.  64.     Repealed  Stats.  1917,  p.  915. 

Right  of  eminent  domain. 

Sec.  65.  Nothing  herein  contained  shall  be  deemed  to  authorize  any 
person  or  persons  to  divert  the  waters  of  any  river,  creek,  stream, 
canal,  or  ditch  from  its  channel,  to  the  detriment  of  any  person  or 
persons  having  any  interest  in  such  river,  creek,  stream,  canal,  or  ditch, 
or  the  waters  therein,  unless  previous  compensation  be  ascertained  and 
paid  therefor,  under  the  laws  of  this  state  authorizing  the  taking  of 
private  property  for  public  uses. 

See  Const.  Art.  I,  Sec.   14,  page  9  hereof; 

Tormey  vs.  Anderson-Cottonwood  Iit.  Diat.,  35  Cal.  App.  Dec.  676. 

EXEMPTION  FROM  TAXATION— CREATION  OF  FUNDS. 
Exemption  of  property  from  taxation. 

Sec.  66.  The  rights  of  way,  ditches,  flumes,  pipe-lines,  dams,  water 
rights,  reservoirs,  and  other  property  of  like  character,  belonging  to 
any  irrigation  district  shall  not  be  taxed  for  state  and  county  or 
municipal  purposes. 

Constitution  of  California,  Sec.   1,  Art.  XIII ; 
Reclamation  Diat.  vs.  County  of  Sacramento,  134  Cal.  477; 
Turlock  Irr.  Diat.  vs.  White  (Cal.),  198  Pac.  1060. 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  63 

Funds  created. 

Sec.  67.  The  following  funds  are  hereby  created  and  established,  to 
which  the  moneys  properly  belonging  shall  be  apportioned,  to  wit :  bond 
fund,  construction  fund,  general  fund. 

Hughaon  vs.  Crane,  115  Gal.  404.  414; 

Buachmann  vs.  Turlock  Irr.  Diat.,  47  Cal.  App.   321. 

Unexpended  money. 

Sec.  67a.  Whenever  an  object  for  which  money  has  been  specifically 
provided  by  assessment  or  by  bond  issue  has  been  accomplished  and 
any  money  provided  therefor  remains  unexpended,  the  same  shall  in 
the  discretion  of  the  board  of  directors  be  transferred  to  the  general 
fund  and  thereafter  be  available  for  any  of  the  purposes  of  this  act. 
(Stats.  1917,  p.  769.) 

GENERAL  PROVISIONS. 
Action  to  determine  validity  of  bonds. 

Sec.  68.  The  board  of  directors  may,  at  any  time  after  the  issue 
of  any  bonds  or  the  levy  of  any  assessment  herein  provided  for,  bring 
an  action  in  the  superior  court  of  the  county  wherein  is  located  the 
office  of  such  board,  to  determine  the  validity  of  any  such  bonds  or 
such  levy  of  assessments;  such  action  shall  be  in  the  nature  of  a  pro- 
ceeding in  rem,  and  jurisdiction  of  all  parties  interested  may  be  had 
by  publication  of  summons  for  at  least  once  a  week  for  three  weeks  in 
some  paper  of  general  circulation  published  in  the  county  where  the 
action  is  pending,  such  paper  to  be  designated  by  the  court  having 
jurisdiction  of  the  proceedings.  Jurisdiction  shall  be  complete  within 
ten  days  after  the  full  publication  of  such  summons  in  the  manner 
herein  provided.  Anyone  interested  may  at  any  time  before  the  expira- 
tion of  said  ten  days  appear  and  by  proper  proceedings  contest  the 
validity  of  such  bonds  or  assessments.  Such  action  shall  be  speedily 
tried  and  judgment  rendered  declaring  such  matter  so  contested  either 
valid  or  invalid.  Either  party  may  have  the  right  to  appeal  to  the 
supreme  court  at  any  time  within  thirty  days  after  the  rendition  of 
such  judgment,  which  appeal  must  be  heard  and  determined  within 
three  months  from  the  time  of  taking  such  appeal. 

Crall  vs.  Poso  Irr.  Diat.,  87  Cal.  140  ; 

Board  of  Directora  vs.  Tregea,  88  Cal.  334  ; 

In  re  Madera  Irr.  Diat..  92  Cal.  296  ; 

Rialto  Irr.  Diat.  vs.  Brandon,  103  Cal.  384  ; 

CuUen  vs.  Glendora  Water  Co.,  113  Cal.  805; 

In  re  Central  Irr.  Dfat.,  117  Cal.  382  ; 

People  vs.  Linda  Viata  Irr.  Diat..  128  Cal.  477  ; 

People  vs.  Perria  Irr.  Diat.,  132  Cal.  289  ; 

People  vs.  Perria  In:  Diat.,  142  Cal.  601  ; 

Western  Union  Tel.  Co.  vs.  Modeato  Diatrict.  149  Cal.  662-6; 

Fogg  vs.  Perria  Diat.,  154  Cal.   209  ; 

Haeae  vs.  Heitzig,  159  Cal.  569  ; 

In  re  Bonds  of  8.  San  Joaquin  Irr.  Diat.,  IGl  Cal.  345  ; 

Imperial  Water  Co.  vs.  Stipervisora,  162  Cal.   14  ; 

Imperial  Land  Co.  vs.  Imperial  Diat.,  173  Cal.  660 ; 

Imperial  Land  Co.  vs.  lynperial  Diat.,  173  Cal.  668; 

lilack  Canyon  Irr.  Diat.  vs.   Fallon   (Idaho),  122  Pac.  850; 

Petition  of  Board  of  Directtyra   Unit  Diatrict    (Ore.),    178   I'ac.   186-8; 

Gray  vs.  Cardiff  Irr.  Diat.,  51  Cal.  App.  304  : 

Miller  rf  Lux  vs.  Madera  Iii:  Diat.,  64  Cal.  Dec.  94  ; 

Miller   d    Lux    vs.    Secara.    193    Cal.    755. 

Assessment  payer  may  bring  action. 

Sec.  69.  If  no  such  proceedings  shall  have  been  brought  by  the 
board  of  directors,  then,  at  any  time  within  thirty  days  after  the  levy 


64  CALIFORNIA   IRRIGATION  DISTRICT  LAWS. 

of  any  assessment  or  issue  of  any  bonds  under  the  provisions  of  this  act, 
any  district  assessment  payer  may  bring  an  action  in  the  superior 
court  of  the  county  where  the  office  of  the  board  of  directors  is  located, 
to  determine  the  validity  of  any  such  assessment  or  such  bonds.  The 
board  of  directors  shall  be  made  parties  defendant,  and  service  of  sum- 
mons shall  be  miade  on  the  members  of  the  board  personally.  Said 
board  shall  have  the  right  to  appear  and  contest  such  action.  Such 
action  shall  be  speedily  tried,  with  the  right  of  appeal  to  either  party, 
within  the  time  and  manner  herein  provided  for  the  bringing  of  actions 
by  the  board  to  determine  such  matters.  Such  appeal  shall  be  heard 
and  determined  in  the  manner  and  within  the  time  therein  provided. 

Sechrist  vs.  Rialto  Jrr.  Dist.,  129   Cal.    640 ; 

Henry  vs.   Vineland  Irr.  Dist.,  140  Cal.  376  ; 

Western  Union  Tel.  Co.  vs.  Modesto  Dist.,  149  Cal.  662-6; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660  ; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  668 ; 

Gray  vs.  Cardiff  Irr.  Dist.,  51  Cal.  App.  304  ; 

Miller  d  Lux  vs.  Board  of  Sitpervisors,  189   Cal.   254  ; 

Miller  &  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94  ; 

Miller  d   Lux   vs.    Secara,   193    Cal.    755. 

Consolidation  of  actions. 

Sec.  70.  If  more  than  one  action  shall  be  pending  at  the  same  time 
concerning  similar  contests  in  this  act  provided  for,  they  shall  be  con- 
solidated and  tried  together. 

Imperial  Land  Co.  va  Imperial  Dist.,  173  Cal.  660. 

Courts  must  disregard  errors,  etc.;  rules  of  pleading. 

Sec.  71.  The  court  hearing  any  of  the  contests  herein  provided  for, 
in  inquiring  into  the  regularity,  legality,  or  correctness  of  such  pro- 
ceedings, must  disregard  any  error,  irregularity,  or  omission  which  does 
not  affect  the  substantial  rights  of  the  parties  to  said  action  or  proceed- 
ing. The  rules  of  pleading  and  practice  provided  by  the  Code  pf  Civil 
Procedure,  which  are  not  inconsistent  with  the  provisions  of  this  act, 
are  applicable  to  all  actions  or  proceedings  herein  provided  for.  The 
motion  for  a  new  trial  of  any  such  action  or  proceeding  must  be  heard 
and  determined  within  ten  days  from  the  filing  of  the  notice  of  inten- 
tion. The  costs  on  any  hearing,  or  contest  herein  provided  for,  may  be 
allowed  and  apportioned  between  the  parties,  or  taxed  to  the  losing 
party,  in  the  discretion  of  the  court. 

Palmdale  Irr.  Dist.  vs.  Rathke,  95  Cal.  538  ; 
Board  of  Directors  vs.  Abila,  106  Cal.  365; 
Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660. 

Contests. 

Sec.  72,  No  contest  of  anything  or  matter  herein  provided  shall  be 
made  other  than  within  the  time  and  manner  herein  specified,  and  in 
any  such  action  all  findings  of  facts  or  conclusions  of  said  board  of 
directors,  or  of  the  board  of  supervisors  upon  all  matters  shall  be  con- 
clusive, unless  such  action  was  instituted  within  six  months  after  such 
finding  or  conclusion  was  made.     (Stats.  1915,  p.  1370.) 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660  ; 

Miller  d  Lux  vs.  Board  of  Supervisors,  36  Cal.  App.  Dec.  770 ; 

Miller  d  Lux  vs.  Board  of  Supervisors,  189  Cal.  254  ; 

Miller  d  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94  ; 

N.  P.  Ry.  Co.  vs.  John  Day  Irr.  Dist.   (Ore.),  211  Pac.  781; 

Miller   d   Lux   vs.    Secara.   193    Cal.   755. 


California  irrigation  district  laws,  65 

t*enalty  for  violation  of  duty. 

Sec.  73.  For  any  wilful  violation  of  any  express  duty  herein  pro- 
vided for,  on  the  part  of  any  officer  herein  named,  he  shall  be  liable 
upon  his  official  bond,  and  be  subject  to  removal  from  office,  by  pro- 
ceedings brought  in  the  superior  court  of  the  county  wherein  the  office 
of  the  board  of  directors  of  the  district  is  located,  by  any  assessment 
payer  of  the  district;  but  no  officer  of  an  irrigation  district  shall  be 
personally  liable  for  any  damage  resulting  from  the  operations  of  the 
district  or  from  the  negligence  or  misconduct  of  any  of  its  officers  or 
employees  unless  such  damage  was  proximately  caused  by  the  officer's 
own  negligence  or  misconduct  or  by  his  wilful  violation  of  official  duty. 
(Stats.  1921,  p.  849.) 

Ken-  vs.  Superior  Court,  130  Cal.  183. 

Applicability  of  Sec.  165  of  the  Penal  Code: 
People  vs.  Turnbull,  93  Cal.  630. 

As  to  recall,  see  section  28i  of  this  act. 


Whiteman  vs.  Anderaon-Cottonwood  Jrr.  Dist.,  40  Cal.  App.  Dec.  9. 

EXCLUSION  OF  LANDS. 
Boundaries  may  be  changed  to  exclude  lands. 

Sec.  74.  The  boundaries  of  any  irrigation  district  now  organized  or 
hereafter  organized  under  the  provision  of  this  act,  may  be  changed, 
and  tracts  of  land  which  were  included  within  the  boundaries  of  such 
district  at  or  after  its  organization  under  the  provisions  of  said  act, 
may  be  excluded  therefrom,  in  the  manner  herein  prescribed;  but 
neither  such  change  of  the  boundaries  of  the  districts  nor  such  exclusion 
of  lands  from  the  district  shall  impair  or  affect  its  organization,  or  its 
right  in  or  to  property,  or  any  of  its  rights  or  privileges  of  whatever 
kind  or  nature ;  nor  shall  it  affect,  impair,  or  discharge  any  contract, 
obligation,  lien,  or  charge  for  or  upon  which  said  district  was  and  may 
become  liable  or  chargeable,  had  such  change  of  its  boundaries  not  been 
made,  or  had  not  such  land  been  excluded  from  the  district. 

Board  of  Directors  vs.  Tregea,  88  Cal.  334-356  ; 
Herring  vs.  Modesto  Dist.,  95  Fed.  T05. 

Petition  of  owners  for  exclusion  of  land. 

Sec.  75.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land 
which  constitute  a  portion  of  an  irrigation  district  may  jointly  or  sev- 
erally file  with  the  board  of  directors  of  the  district  a  petition,  praying 
that  such  tract  or  tracts,  and  any  other  tracts  contiguous  thereto,  may 
be  excluded  and  taken  from  said  district.  The  petition  shall  state  the 
grounds  and  reasons  upon  which  it  is  claimed  that  such  lands  should  be 
excluded  and  shall  describe  the  boundaries  thereof,  and  also  the  lands 
of  such  petitioner  or  petitioners  which  are  included  within  such  bound- 
aries ;  but  the  description  of  such  lands  need  not  be  more  particular  or 
certain  than  is  required  when  the  lands  are  entered  in  the  assessment 
book  by  the  county  assessor.  Such  petition  must  be  acknowledged  in 
the  same  manner  and  form  as  is  required  in  the  case  of  a  conveyance 
of  land,  and  the  acknowledgment  shall  have  the  same  force  and  effect 
as  evidence  as  the  acknowledgment  of  such  a  conveyance. 

Harelson  va  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 
5—40508 


66  CALIFORNIA  IREIGATION  DISTRICT   LAWS. 

Publication  of  filing  of  petition;  contests  of  notice. 

Sec.  76.  The  secretary  of  the  board  of  directors  shall  cause  a  notice 
of  the  filing  of  such  petition  to  be  published  for  at  least  two  weeks  in 
some  newspaper  published  in  the  county  where  the  office  of  the  board 
of  directors  is  situated,  and  if  any  portion  of  such  territory  to  be 
excluded  lie  within  another  county  or  counties,  then  said  notice  shall 
be  so  published  in  a  newspaper  published  within  each  of  said  counties ; 
or  if  no  newspaper  be  published  therein,  then  by  posting  such  notice 
for  the  same  time  in  at  least  three  public  places  in  said  district,  and 
in  case  of  the  posting  of  said  notices,  one  of  said  notices  must  be  so 
posted  on  the  lands  proposed  to  be  excluded.  The  notice  shall  state  the 
filing  of  such  petition,  the  names  of  the  petitioners,  a  description  of 
the  lands  mentioned  in  said  petition,  and  the  prayer  of  said  petition; 
and  it  shall  notify  all  persons  interested  in,  or  who  may  be  affected  by 
such  change  of  the  boundaries  of  the  district,  to  appear  at  the  office  of 
said  board  at  a  time  named  in  said  notice,  and  show  cause,  in  writing, 
if  any  they  have,  why  the  change  of  the  boundaries  of  said  district,  as 
proposed  in  said  petition,  should  not  be  made.  The  time  to  be  specified 
in  the  notice  at  which  they  shall  be  required  to  shoAv  cause  shall  be  the 
regular  meeting  of  the  board  next  after  the  expiration  of  the  time  for 
the  publication  of  the  notice. 

Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 

Hearing  of  petition;  failure  to  show  cause  deemed  assent. 

Sec.  77.  The  board  of  directors,  at  the  time  and  place  mentioned  in 
the  notice,  or  at  the  time  or  times  to  which  the  hearing  of  said  petition 
may  be  adjourned,  shall  proceed  to  hear  the  petition,  and  all  evidence 
or  proofs  that  may  or  shall  be  introduced  by  or  on  behalf  of  the  peti- 
tioner or  petitioners,  and  all  objections  to  such  petition  that  may  or 
shall  be  presented  in  writing  by  any  person  showing  cause  as  aforesaid, 
and  all  evidence  and  proofs  that  may  be  introduced  in  support  of  such 
objections.  Such  evidence  shall  be  taken  down  in  shorthand,  and  a 
record  made  thereof  and  filed  with  the  board.  The  failure  of  any 
person  interested  in  said  district,  other  than  the  holders  of  bonds 
thereof  outstanding  at  the  time  of  the  filing  of  said  petition  with  said 
board,  to  show  cause,  in  writing,  why  the  tract  or  tracts  of  land  men- 
tioned in  said  petition  should  not  be  excluded  from  said  district,  shall 
be  deemed  and  taken  as  an  assent  by  him  to  the  exclusion  of  such  tract 
or  tracts  of  land,  or  any  part  thereof,  from  said  district ;  and  the  filing 
of  such  petition  with  said  board,  as  aforesaid,  shall  be  deemed  and 
taken  as  an  assent  by  each  and  all  such  petitioners  to  the  exclusion  from 
such  district  of  the  lands  mentioned  in  the  petition,  or  any  part  thereof. 
The  expenses  of  giving  said  notice  and  of  the  aforesaid  proceeding 
shall  be  paid  by  the  person  or  persons  filing  such  petition. 

Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 

Power  of  board  to  exclude  land  from  district. 

Sec.  78.  If,  upon  the  hearing  of  any  such  petition,  no  evidence  or 
proofs  in  support  thereof  be  introduced,  or  if  the  evidence  fail  to 
sustain  said  petition,  or  if  the  board  deem  it  not  for  the  best  interest 
of  the  district  that  the  lands,  or  some  portion  thereof,  mentioned  in 


CALIFORNIA   IRRIGATION   DISTRICTT   LAWS.  67 

the  petition,  should  be  excluded  from  the  district,  the  board  shall  order 
that  said  petition  be  denied  as  to  such  lands;  but  if  the  said  board 
deem  it  for  the  best  interest  of  the  district  that  the  lands  mentioned  in 
the  petition,  or  some  portion  thereof,  be  excluded  from  the  district,  and 
if  no  person  interested  in  the  district  show  cause  in  writing  why  the 
said  lands  or  some  portion  thereof,  should  not  be  exclu^led  from  the 
district,  or  if,  having  shown  cause,  withdraws  the  same,  or  upon  the 
hearing  fails  to  establish  such  objections  as  he  may  have  made,  then  it 
shall  be  the  duty  of  the  board  to,  and  it  shall  forthwith,  make  an  order 
that  the  lands  mentioned  and  described  in  the  petition,  or  some  defined 
portion  thereof,  be  excluded  from  said  district;  provided,  that  it  shall 
be  the  duty  of  said  board  to  so  order,  upon  petition  therefor  as  afore- 
said, that  all  lands  so  petitioned  to  be  excluded  from  said  district  shall 
be  excluded  therefrom,  which  can  not  be  irrigated  from,  or  which  are 
not  susceptible  to,  irrigation  from  a  common  source  or  by  the  same 
system  of  works  with  the  other  lands  of  said  district,  or  from  the 
source  selected,  chosen,  or  provided,  or  the  system  adopted  for  the 
irrigation  of  the  lands  in  said  district,  or  which  are  already  irrigated, 
or  entitled  to  be  irrigated,  from  another  source  or  by  another  system 
of  irrigation  works;  provided,  that  no  land  irrigated  by  means  of  water, 
pumped  from  an  underground  source  or  sources  shall  be  entitled  to 
exclusion  from  any  irrigation  district  on  account  of  being  so  irrigated, 
if  it  shall  be  shown  that  such  land  is  or  will  be  substantially  benefited 
by  subirrigation  from  the  works  of  said  district  or  by  drainage  works 
provided  or  required  by  law  to  be  provided  by  said  district,  but  no 
owner  of  land  in  any  irrigation  district  shall  be  required  to  pay  any 
assessment,  except  for  the  payment  of  interest  and  principal  due  on 
bonds  of  the  district,  on  any  land  in  such  district  which,  when  the 
district  was  organized,  was  irrigated  by  means  of  water  pumped  from 
an  underground  source  or  sources  and  has  continued  each  year  to  be 
irrigated  exclusively  by  such  means.     (Stats.  1915,  p.  836.) 

Harelson  vs.  South  San  Joaquin  Irr.  Diet.,  20  Cal.  App.  324  ; 
Board  of  Directors  vs.   Tregea,   88   Cal.   334  ; 
Miller  &  Lux  vs.  Secara,  193  Cal.   755. 

Assent  of  bondholders;  release  from  lien. 

Sec.  79.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of 
the  filing  of  said  petition,  the  holders  of  such  outstanding  bonds  may 
give  their  assent,  in  writing,  to  the  effect  that  they  severally  consent 
that  the  lands  mentioned  in  the  petition,  or  such  portion  thereof  as 
may  be  excluded  from  said  district  by  order  of  said  board,  or  the 
decree  of  the  superior  court  as  hereinafter  provided,  may  be  excluded 
from  the  district;  and  if  said  lands,  or  any  portion  thereof,  be  there- 
after excluded  from  the  district,  the  lands  so  excluded  shall  be  released 
from  the  lien  of  such  outstanding  bonds.  The  assent  must  be  acknowl- 
edged by  the  several  holders  of  such  bonds  in  the  same  manner  and 
form  as  is  required  in  case  of  a  conveyance  of  land,  and  the  acknowl- 
edgment shall  have  the  same  force  and  effect  as  evidence  as  the 
acknowledgment  of  such  conveyance.  The  assent  shall  be  filed  with 
the  board,  and  must  be  recorded  in  the  minutes  of  the  board ;  and  said 
minutes,  or  a  copy  thereof,  certified  by  the  secretary  of  said  board,  shall 
be  admissible  in  evidence,  with  the  same  effect  as  the  said  assent,  and 


68  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

such  certified  copy  thereof  may  be  recorded  in  the  office  of  the  county 
recorder  of  the  county  wherein  said  lands  are  situated. 

Change  of  boundaries  to  be  recorded;  organization  not  affected. 

Sec.  80.  In  the  event  the  said  board  of  directors  shall  exclude  any 
lands  from  said  district  upon  petition  therefor,  it  shall  be  the  duty  of 
the  board  of  directors  to  make  an  entry  in  the  minutes  of  the  board, 
describing  the  boundaries  of  the  district,  should  the  exclusion  of  said 
lands  from  said  district  change  the  boundaries  of  said  district,  and  for 
that  purpose  the  board  may  cause  a  survey  to  be  made  of  such  portions 
of  the  district  as  the  board  may  deem  necessary ;  and  a  certified  copy  of 
the  entry  in  the  minutes  of  the  board  excluding  any  land,  certified  by 
the  president  and  secretary  of  the  board,  shall  be  filed  for  record  in  the 
recorder's  office  of  each  county  within  which  are  situated  any  of  the 
lands  of  the  district ;  but  said  district,  notwithstanding  such  exclusion, 
shall  be  and  remain  an  irrigation  district  as  fully,  to  every  intent  and 
purpose,  as  it  would  be  had  no  change  been  made  in  the  boundaries  of 
the  district,  or  had  the  lands  excluded  therefrom  never  constituted  a 
portion  of  the  district. 

Office  of  director  of  excluded  division  declared  vacant. 

Sec.  81.  If  the  lands  excluded  from  any  district  under  this  act  shall 
embrace  the  greater  portion  of  any  division  or  divisions  of  such  dis- 
trict, then  the  office  of  director  for  such  division  or  divisions  shall 
become  and  be  vacant  at  the  expiration  of  ten  days  from  the  final 
order  of  the  board  excluding  said  lands ;  and  such  vacancy  or  vacancies 
shall  be  filled  by  appointment  by  the  board  of  supervisors  of  the  county 
where  the  office  of  such  board  is  situated,  from  the  district  at  large. 
A  director  appointed  as  above  provided,  shall  hold  his  office  until  the 
next  regular  election  for  said  district,  and  until  his  successor  is  elected 
and  qualified. 

Division  of  district. 

Sec.  82.  In  case  land  is  excluded  from  any  district,  the  board  of 
directors  thereof^  if  they  deem  it  desirable,  but  not  less  than  thirty 
days  before  any  election  in  such  district,  may  reestablish  the  boundaiies 
of  the  divisions  and  election  precincts  within  such  district.  (Stats. 
1921,  p.  860.) 

Rights  of  guardian,  administrator  or  executor. 

Sec.  83.  A  guardian  and  executor,  or  an  administrator  of  an  estate, 
who  is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as 
such  guardian,  executor,  or  administrator,  is  entitled  to  the  possession 
of  the  lands  belonging  to  the  estate  which  he  represents,  may,  on  behalf 
of  his  ward,  or  the  estate  which  he  represents,  upon  being  thereto 
properly  authorized  by  the  proper  court,  sign  and  acknowledge  the 
petition  in  this  act  mentioned,  and  may  show  cause,  as  in  this  act 
provided,  why  the  boundaries  of  the  district  should  not  be  changed. 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  69 

Lands  excluded  not  released  from  liabilities  for  indebtedness. 

Sec.  84.  Nothing  in  this  act  provided  shall,  in  any  manner,  operate 
to  release  any  of  the  lands  so  excluded  from  the  district  from  any 
obligation  to  pay,  or  any  lien  thereon,  of  any  valid  outstanding  bonds 
or  other  indebtedness  of  said  district  at  the  time  of  the  filing  of  said 
petition  for  the  exckision  of  said  lands,  but  upon  the  contrary,  said 
lands  shall  be  held  subject  to  said  lien,  and  answerable  and  chargeable 
for  and  with  the  payment  and  discharge  of  all  of  said  outstanding 
obligations  at  the  time  of  the  filing  of  the  petition  for  the  exclusion 
of  said  land,  as  fully  as  though  said  petition  for  such  exclusion  were 
never  filed  and  said  order  or  decree  of  exclusion  never  made;  and  for 
the  purpose  of  discharging  such  outstanding  indebtedness,  said  lands 
so  excluded  shall  be  deemed  and  considered  as  part  of  said  irrigation 
district  the  same  as  though  said  petition  for  its  exclusion  had  never 
been  filed  or  said  order  or  decree  of  exclusion  never  made;  and  all 
provisions  which  may  have  been  resorted  to  to  compel  the  payment  by 
said  lands  of  its  quota  or  portion  of  said  outstanding  obligations,  had 
said  exclusion  never  been  accomplished,  may,  notwithstanding  said 
exclusion,  be  resorted  to  to  compel  and  enforce  the  payment  on  the 
part  of  said  lands  of  its  quota  and  portion  of  said  outstanding  obliga- 
tions of  said  irrigation  district  for  which  it  is  liable,  as  herein  provided. 
But  said  land  so  excluded  shall  not  be  held  answerable  or  chargeable 
for  any  obligation  of  any  nature  or  kind  whatever,  incurred  after  the 
filing  with  the  board  of  directors  of  said  district  of  the  petition  for 
the  exclusion  of  said  lands  from  the  said  district ;  provided,  that  the 
provisions  of  this  section  shall  not  apply  to  any  outstanding  bonds,  the 
holders  of  which  have  assented  to  the  exclusion  of  such  lands  from  said 
district,  as  hereinbefore  provided. 

.     INCLUSION  OF  LANDS. 
Boundaries  may  be  changed  to  include  lands. 

Sec.  85.  The  boundaries  of  any  irrigation  district  now  organized  or 
hereafter  organized  under  the  provisions  of  this  act  may  be  changed  in 
the  manner  herein  prescribed;  but  such  change  of  the  boundaries  of 
the  district  shall  not  impair  or  affect  its  organization,  or  its  rights  in 
or  to  property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind  or 
nature;  nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation, 
lien,  or  charge  for  or  upon  which  it  was  or  might  become  liable  or 
chargeable,  had  such  change  of  its  boundaries  not  been  made. 

Giay  vs.  Cardiff  Irr.  Dist..  51  Cal.  App.  304. 

Procedure  for  inclusion  of  lands. 

Sec.  86.  The  holder  or  holders,  of  title,  or  evidence  of  title,  repre- 
senting one-half  or  more  of  any  body  of  lands  adjacent  to  the  boundary 
of  an  irrigation  district,  which  are  contiguous,  and  which,  taken 
together,  constitute  one  tract  of  land,  may  file  with  the  board  of 
directors  of  said  district  a  petition,  in  writing,  praying  that  the  bound- 
aries of  said  district  may  be  so  changed  as  to  include  therein  said  lands. 


70  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

The  petition  shall  describe  the  boundaries  of  said  parcel  or  tract  of 
land,  and  shall  also  describe  the  boundaries  of  the  several  parcels  owned 
by  the  petitioners,  if  the  petitioners  be  the  owners,  respectively,  of 
distinct  parcels,  but  such  descriptions  need  not  be  more  particular  than 
they  are  required  to  be  when  such  lands  are  entered  by  the  county 
assessor  in  the  assessment  book.  Such  petition  must  contain  the  assent 
of  the  petitioners  to  the  inclusion  within  said  district  of  the  parcels  or 
tracts  of  land  described  in  the  petition,  and  of  which  said  petition 
alleges  they  are,  respectively,  the  owners ;  and  it  must  be  acknowledged 
in  the  same  manner  that  conveyances  of  land  are  required  to  be 
acknowledged. 

People  vs.  Cardiff  Irr.  Dist.,  51  Cal.  App.  307  ; 
Gray  vs.  Cardiff  Irr.  Dist.,  51  Cal.  App.  304. 

Notice  of  filing  of  petition. 

Sec.  87,  The  secretary  of  the  board  of  directors  shall  cause  a  notice 
of  the  filing  of  such  petition  to  be  given  and  published  in  the  same  man- 
ner and  for  the  same  time  that  notices  of  special  elections  for  the  issue 
of  bonds  are  required  by  this  act  to  be  published.  The  notice  shall 
state  the  filing  of  such  petition  and  the  names  of  the  petitioners,  a 
description  of  the  lands  mentioned  in  said  petition,  and  the  prayer  of 
said  petition ;  and  it  shall  notify  all  persons  interested  in,  or  that  may 
be  affected  by  such  change  of  the  boundaries  of  the  district,  to  appear 
at  the  office  of  said  board,  at  a  time  named  in  said  notice,  and  show 
cause  in  writing,  if  any  they  have,  why  the  change  in  the  boundaries 
of  said  district,  as  proposed  in  said  petition,  should  not  be  made. 
The  time  to  be  specified  in  the  notice  at  which  they  shall  be  required 
to  show  cause  shall  be  the  regular  meeting  of  the  board  next  after  the 
expiration  of  the  time  for  the  publication  of  the  notice.  The  petitioners 
shall  advance  to  the  secretary  sufficient  money  to  pay  the  estimated 
costs  of  all  proceedings  under  this  act. 

Hearing  of  petition. 

Sec,  88.  The  board  of  directors,  at  the  time  and  place  mentioned 
in  the  said  notice,  or  at  such  other  time  or  times  to  which  the  hearing  of 
said  petition  may  be  adjourned,  shall  proceed  to  hear  the  petition, 
and  all  the  objections  thereto,  presented  in  writing  by  any  person 
showing  cause  as  aforesaid  why  said  proposed  change  of  the  boundaries 
of  the  district  should  not  be  made.  The  failure  by  any  person  inter- 
ested in  said  district,  or  in  the  matter  of  the  proposed  change  of  its 
boundaries,  to  show  cause,  in  writing,  as  aforesaid,  shall  be  deemed 
and  taken  as  an  assent  on  his  part  to  a  change  of  the  boundaries  of  the 
district  as  prayed  for  in  said  petition,  or  to  such  a  change  thereof  as 
will  include  a  part  of  said  lands.  And  the  filing  of  such  petition  with 
said  board,  as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  on  the 
part  of  each  and  all  of  such  petitioners  to  such  a  change  of  said 
boundaries  that  they  may  include  the  whole  or  any  portion  of  the  lands 
described  in  said  petition. 

Condition  precedent. 

Sec.  89.  The  board  of  directors  to  whom  such  petition  is  presented, 
may  require,  as  a  condition  precedent  to  the  granting  of  the  same,  that 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  71 

the  petitioners  shall  severally  pay  to  such  district  such  respective  sums, 
as  nearly  as  the  same  can  be  estimated  (the  several  amounts  to  be 
determined  by  the  board),  as  said  petitioners  or  their  grantors  would 
have  been  required  to  pay  to  such  district  as  assessments,  had  such 
lands  been  included  in  such  district  at  the  time  the  same  was  originally 
formed. 

Nile  Irr.  Dist.  vs.  G.  S.  Co.,  248  Fed.  861. 

Change  in  boundaries. 

Sec.  90.  If  the  board  of  directors  deem  it  for  the  best  interest  of 
the  district  that  the  boundaries  of  the  district  be  changed  as  proposed 
and  if  no  protest  against  such  change  is  made  as  provided  in  section 
ninety-one  of  this  act,  or  if  such  protest  be  made  and  enough  signatures 
be  withdrawn  therefrom  so  that  said  protest  is  no  longer  sufficient,  the 
board  shall  order  that  the  boundaries  of  the  district  be  changed  so  as 
to  include  therein  the  lands  described  in  said  petition,  or  such  portion 
thereof  as  the  board  shall  find  will  be  benefited  by  such  inclusion.  The 
order  shall  describe  the  boundaries  as  changed  and  shall  also  describe 
the  entire  boundaries  of  the  district  as  they  will  be  after  the  change 
thereof  as  aforesaid  is  made ;  and  for  that  purpose  the  board  may  cause 
a  survey  to  be  made  of  such  portions  of  such  boundaries  as  is  deemed 
necessary ;  provided,  hoivever,  that  any  public  land  of  the  United  States 
of  America  adjoining  the  boundaries  of  any  irrigation  district  may  be 
included  within  the  boundaries  of  any  such  irrigation  district  by  order 
or  resolution  of  the  board  of  directors  of  such  district  without  any 
petition  being  filed  asking  for  such  inclusion ;  and  provided,  further, 
that  when  additional  land  is  included  within  any  irrigation  district  and 
the  board  of  directors  of  such  district  finds  either  that  such  inclusion 
without  condition  would  work  an  injury  to  the  land  already  in  the 
district,  either  by  an  impairment  of  water  rights  or  by  requiring  a 
greater  expense  for  furnishing  water  to  the  lands  proposed  to  be 
included,  the  board  may  prescribe  conditions  upon  such  inclusion  of 
land,  either  by  providing  for  priority  of  right  to  water  or  for  the  pay- 
ment of  an  additional  annual  charge,  or  such  other  conditions  as  may 
to  the  board  seem  just.  If  such  inclusion  is  upon  petition  of  property 
owners,  all  such  property  owners  shall  sign  and  acknowledge  an  agree- 
ment with  the  district,  specifying  such  conditions  and  describing  the 
land  so  to  be  included.  Such  agreement  must  be  recorded  in  the  office 
of  the  county  recorder  of  the  county  in  which  such  lands  are  situated, 
together  with  a  certified  copy  of  the  order  including  such  lands,  and 
thereupon  such  lands  shall  become  a  part  of  such  irrigation  district 
subject  to  such  conditions.     (Stats.  1921,  p.  999.) 

Resolution  describing  boundaries. 

Sec.  91.  If  a  protest  against  the  inclusion  of  such  lands,  signed  by 
not  less  than  three  per  cent  of  the  holders  of  title  or  evidence  of  title 
to  lands  within  the  district  and  holding  the  title  or  evidence  of  title 
to  not  less  than  three  per  cent  in  value  of  the  lands  within  the  district 
according  to  the  last  equalized  assessment  roll  of  said  district,  shall 
have  been  presented  to  the  board  of  directors  and  upon  the  hearing 
of  said  matter  said  protest  shall  not  be  withdrawn,  or  after  the  with- 
drawal therefrom  of  any  signatures  it  shall  still  be  signed  by  not  less 


72  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

than  three  per  cent  of  the  holders  of  title  or  evidence  of  title  to  lands 
within  the  district  and  holding  the  title  or  evidence  of  title  to  not  less 
than  three  per  cent  in  value  of  the  lands  within  the  district  according 
to  the  last  equalized  assessment  roll  of  said  district,  or  if  the  board  of 
directors  deem  it  not  for  the  best  interests  of  the  district  to  include 
therein  the  lands  described  in  said  petition  for  inclusion,  or  any  of 
them,  the  board  shall  adopt  a  resolution  stating  the  facts  and  describing 
the  boundary  of  the  tract  of  land  proposed  to  be  included  in  the 
district ;  but  before  calling  the  election  provided  for  in  the  next  section, 
the  board  may  require  an  undertaking,  with  sufficient  sureties,  from 
the  petitioners  for  the  inclusion  of  said  land  conditioned  that  the  peti- 
tioners or  the  sureties  will  pay  all  the  costs  of  holding  such  election 
in  ease  such  inclusion  shall  be  denied.     (Stats.  1921,  p.  1000.) 

Notice  of  election;  ballots. 

Sec.  92.  Upon  the  adoption  of  the  resolution  mentioned  in  the  last 
preceding  section,  the  board  shall  order  that  an  election  be  held  within 
said  district,  to  determine  whether  the  boundaries  of  the  district  shall 
be  changed  as  mentioned  in  said  resolution ;  and  shall  fix  the  time  at 
which  such  election  shall  be  held,  and  cause  notice  thereof  to  be  given 
and  published.  Such  notice  shall  be  given  and  published,  and  such 
election  shall  be  held  and  conducted,  the  returns  thereof  shall  be  made 
and  canvassed,  and  the  result  of  the  election  ascertained  and  declared, 
and  all  things  pertaining  thereto  conducted  in  the  manner  prescribed  by 
said  act  in  ease  of  a  special  election  to  determine  whether  bonds  of  an 
irrigation  district  shall  be  issued.  The  ballots  cast  at  said  election 
shall  contain  the  words  "For  change  of  boundary,"  or  "Against  change 
of  boundary,"  or  words  equivalent  thereto.  The  notice  of  election 
shall  describe  the  proposed  change  of  the  boundaries  in  such  manner 
and  terms  that  it  can  readily  be  traced. 

Majority  vote  to  decide  election. 

Sec.  93.  If  at  such  election  a  majority  of  all  the  votes  cast  at  said 
election  shall  be  against  such  change  of  the  boundaries  of  the  district, 
the  board  shall  order  that  said  petition  be  denied,  and  shall  proceed 
no  further  in  that  matter.  But  if  a  majority  of  such  votes  be  in  favor 
of  such  change  of  the  boundaries  of  the  district,  the  board  shall  there- 
upon order  that  the  boundaries  be  changed  in  accordance  with  said  reso- 
lution adopted  by  the  board.  The  said  order  shall  describe  the  entire 
boundaries  of  said  district,  and  for  that  purpose  the  board  may  cause  a 
survey  of  such  portions  thereof  to  be  made  as  the  board  may  deem 
necessary. 

Order  of  board  to  be  recorded. 

Sec.  94.  Upon  a  change  of  the  boundaries  of  a  district  being  made, 
a  copy  of  the  order  of  the  board  of  directors  ordering  such  change, 
certified  by  the  president  and  secretary  of  the  board,  shall  be  filed  for 
record  in  the  recorder's  office  of  each  county  within  which  are  situated 
any  of  the  lands  of  the  district,  and  thereupon  the  district  shall  be  and 
remain  an  irrigation  district,  as  fully,  and  to  every  intent  and  purpose, 
as  if  the  lands  which  are  included  in  the  district  by  the  change  of  the 
boundaries,  as  aforesaid,  had  been  included  therein  at  the  original 
organization  of  the  district. 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  73 

Recording  petition  in  minutes. 

Sec.  95.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last 
preceding  section  mentioned,  the  secretary  shall  record  in  the  minutes 
of  the  board  the  petition  aforesaid ;  and  the  said  minutes,  or  a  certified 
copy  thereof,  shall  be  admissible  in  evidence,  with  the  same  effect  as  the 
petition. 

Rights  of  guardians,  executors  and  administrators. 

Sec.  96.  A  guardian,  an  executor,  or  an  administrator  of  an  estate, 
who  is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as 
such  guardian,  executor,  or  administrator,  is  entitled  to  the  possession 
of  the  lands  belonging  to  the  estate  which  he  represents,  may,  on  behalf 
of  his  ward,  or  the  estate  which  he  represents,  upon  being  thereunto 
authorized  by  the  proper  court,  sign  and  acknowledge  the  petition  in 
this  act  mentioned,  and  may  show  cause,  as  in  this  act  mentioned,  why 
the  boundaries  of  the  district  should  not  be  changed. 

Redivision  of  district. 

Sec.  97.  In  case  land  is  included  within  any  district  as  aforesaid, 
the  board  of  directors  thereof  shall,  but  not  less  than  thirty  days  before 
any  election  in  such  district,  reestablish  the  boundaries  of  the  divisions 
and  election  precincts  within  such  district,  so  as  to  include  such  land 
therein  and  so  as  to  make  such  divisions  as  nearly  equal  in  size  and 
population  as  may  be  practicable.  In  case  of  the  inclusion  of  any  land 
less  than  thirty  days  before  an  election  within  such  district,  the  inhabi- 
tants of  the  land  so  included  shall  not  be  entitled  to  vote  at  such  election. 
(Stats.  1921,  p.  861.) 

REDUCTION  OF  BONDED  INDEBTEDNESS. 
Election  on  question  of  reducing  bonded  indebtedness. 

Sec.  98.  Whenever  the  board  of  directors  of  an  irrigation  district 
heretofore  organized,  or  hereafter  organized  under  the  provisions  of 
this  act,  shall  determine  that  the  authorized  bonded  indebtedness  of 
such  irrigation  district  is  greater  than  such  district  is  liable  to  need 
to  complete  its  system  as  planned,  and  there  be  no  outstanding  bonds, 
the  board  of  directors  may  call  a  special  election  for  the  purpose  of 
voting  upon  a  proposition  to  reduce  such  bonded  indebtedness  to  such 
sum  as  the  board  may  determine  to  be  suflScient  for  such  purpose. 

Notice  of  election;  ballots. 

Sec.  99.  Notice  of  the  said  election  shall  be  given  in  the  same  manner 
as  provided  in  section  thirty  of  said  act,  in  relation  to  calling  special 
elections  for  issuance  of  bonds.  The  notice  of  election  must  state  the 
amount  of  the  authorized  bonded  indebtedness  of  such  district,  and  the 
amount  to  which  it  is  proposed  to  reduce  the  same;  also,  the  date  on 
which  said  election  Avill  be  held,  and  the  polling  places,  as  established, 
by  said  board  of  directors.  The  ballots  cast  at  said  election  shall  con- 
tain the  words  "For  reducing  bonds — Yes,"  or  "For  reducing  bonds — 
No. ' '  When  the  vote  is  canvassed  by  the  board  of  directors  and  entered 
of  record,  if  a  majority  of  the  votes  ca.st  shall  be  * '  For  reducing  bonds — 
Yes, ' '  then  in  that  event  the  board  of  directors  shall  only  be  empowered 
to  issue  or  sell  such  amount  of  bonds  as  was  stipulated  in  the  said 


74  CALIFORNIA  IRBIGATION   DISTRICT  LAWS. 

notice  of  such  special  election ;  but  if  a  majority  of  said  votes  are  not 
"For  reducing  bonds — ^Yes, "  then  the  authority  to  issue  bonds  shall 
remain  the  same  as  before  said  special  election  was  held. 

Assent  of  bondholders. 

Sec.  99^.  In  case  there  be  outstanding  bonds  of  any  district  desiring 
to  take  advantage  of  the  provisions  of  this  act  concerning  reduction  of 
bonded  indebtedness,  the  assent  of  such  bondholders  may  be  obtained 
to  such  reduction  of  the  bonded  indebtedness,  in  the  same  manner  as 
■provided  in  section  seventy -nine  of  this  act.  If  such  assent  is  obtained 
in  the  manner  therein  provided,  then,  and  in  that  event,  such  district 
shall  be  empowered  to  take  advantage  of  all  the  provisions  of  this  act, 
but  not  otherwise.  No  reduction  of  the  bonded  indebtedness,  as  in  this 
act  provided,  shall  in  any  manner  affect  any  order  of  court  that  may 
have  been  made,  adjudicating  and  confirming  the  validity  of  said  bonds. 

LEASE  OF  WATER. 
Authority  of  board  to  lease. 

Sec.  100.  Whenever  any  irrigation  district,  heretofore  organized,  or 
hereafter  organized  under  the  provisions  of  this  act,  in  the  development 
of  its  works  as  by  law  provided,  may  have  opportunity,  without 
increased  expenditure,  to  utilize  the  water  by  it  owned  or  controlled, 
for  mechanical  purposes  not  inconsistent  with  the  provisions  of  said 
act,  the  board  of  directors  may  lease  the  same,  as  in  this  act  hereinafter 
provided. 

Manner  of  procedure. 

Sec.  101.  Whenever  the  board  of  directors  may  desire  to  lease  the 
use  of  water,  as  hereinbefore  stated,  they  shall  pass  a  resoIu.tion  of 
intention  to  so  lease  the  same.  Immediately  thereafter  the  secretary 
shall  cause  notice  of  such  intention  to  be  given  by  publication  in  one 
newspaper  published  in  each  county  in  which  lands  of  the  district  are 
situated,  for  at  least  twentj^  days  (provided,  a  newspaper  is  published 
therein,  otherwise  in  any  newspaper  the  board  of  directors  may  select), 
and,  if  the  board  thinks  proper  in  such  other  newspapers  as  may  be 
deemed  advisable,  calling  for  bids  for  the  leasing  of  said  water  for  the 
purposes  hereinbefore  mentioned.  Said  notice  shall  state  that  the  board 
will  receive  sealed  proposals  therefor,  that  the  lease  will  be  let  to  the 
highest  responsible  bidder,  stating  the  time  and  place  of  opening  said 
proposals. 

Opening  proposals. 

Sec.  102.  At  the  time  and  place  appointed  the  board  shall  proceed 
to  open  the  proposals  in  public.  As  soon  thereafter  as  may  be  con- 
venient the  board  shall  let  said  lease  in  portions,  or  as  a  whole,  to  the 
highest  responsible  bidder,  or  they  may  reject  any  or  all  bids,  and 
readvertise  for  proposals  for  the  same. 

Rentals. 

Sec.  103.  The  rental  accruing  upon  said  lease  may  vary  from  year 
to  year,  as  shall  be  specified  in  said  lease,  and  shall  be  payable  semi- 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  75 

annually,  on  the  thirtieth  day  of  December  and  thirtieth  day  of  June 
of  each  year.  All  moneys  collected,  as  in  this  act  provided,  shall  be 
paid  into  the  treasury,  and  be  apportioned  to  such  funds  as  may  be 
deemed  advisable. 

Length  of  lease;  forfeiture. 

Sec.  104.  The  board  shall  have  power,  as  in  this  act  provided,  to 
execute  a  lease  for  any  period  not  exceeding  twenty-five  years.  If  at 
any  time  the  rental  shall  not  be  paid  on  the  days  hereinbefore  men- 
tioned, the  amount  of  such  rental  then  due  shall  be  doubled,  and  if  not 
paid  within  ninety  days  thereafter,  the  said  lease  shall  be  forfeited  to 
said  district,  together  with  any  and  all  works  constructed,  owned,  used, 
or  controlled  by  said  lessee. 

Bond  of  lessee. 

Sec.  105.  Upon  the  letting  of  any  lease,  as  in  this  act  provided,  the 
board  may  require  the  lessee  to  execute  a  bond  for  the  faithful  per- 
formance of  the  covenants  of  said  lease,  or  give  such  other  evidence 
of  good  faith  as  in  their  judgment  may  be  necessary. 

DESTRUCTION  OF  UNSOLD  BONDS. 
Election  on  question  of  destroying  unsold  bonds. 

Sec.  106.  Whenever  there  remains  in  the  hands  of  the  board  of 
directors  of  any  irrigation  district  heretofore  organized,  or  organized 
under  the  provisions  of  this  act,  after  the  completion  of  its  ditch  system, 
and  the  payment  of  all  demands  against  such  district,  any  bonds  voted 
to  be  issued  by  said  district,  but  not  sold,  and  not  necessary  to  be  sold 
for  the  raising  of  funds  for  the  use  of  such  district,  said  board  of 
directors  may  call  a  special  election  for  tlie  purpose  of  voting  upon  a 
proposition  to  destroy  said  unsold  bonds,  or  so  many  of  them  as  may  be 
deemed  best,  or  may  submit  such  proposition  at  a  general  election. 

Notice  of  election;  ballots. 

Sec.  107.  Such  election  shall  be  held  in  the  same  manner  as  other 
elections  held  under  the  provisions  of  this  act.  A  notice  of  such  election 
shall  be  given  in  the  same  manner  as  provided  in  section  thirty  of  this 
act  in  relation  to  calling  special  elections  for  the  issuance  of  bonds. 
The  notice  of  election  must  state  tbe  amount  of  the  bonded  indebtedness 
of  such  district  authorized  by  the  vote  of  the  district,  the  amount  of 
the  bonds  remaining  unsold,  and  the  amount  proposed  to  be  destroyed, 
and  the  date  on  which  such  election  is  proposed  to  be  held,  and  the 
polling  places  as  fixed  by  the  board  of  directors.  The  ballots  to  be  cast 
at  such  election  shall  contain  the  words  "For  destroying  bonds — Yes," 
and  "For  destroying  bonds — No,"  and  the  voter  must  erase  the  word 
"No"  in  case  he  favors  the  destruction  of  bonds,  otherwise  the  word 
"Yes." 

Two-thirds  majority  required. 

Sec.  108.  When  the  vote  is  canvassed  by  the  board  of  directors  and 
entered  of  record,  if  a  two-thirds  majority  of  the  votes  cast  should  be 
found  to  be  in  favor  of  the  destruction  of  said  bonds,  then  the  president 


76  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

of  the  board,  in  the  presence  of  a  majority  of  the  members  of  the  board, 
must  destroy  the  bonds  so  voted  to  be  destroyed ;  and  the  total  amount 
of  bonds  so  destroyed  and  canceled  shall  be  deducted  from  the  sum 
authorized  to  be  issued  by  the  electors  of  said  district,  and  no  part 
thereof  shall  thereafter  be  reprinted  or  reissued. 

SAVING  CLAUSES. 
Existing  districts  and  existing  rights  not  affected. 

Sec.  109.  Nothing  in  this  act  shall  be  so  construed  as  to  affect  the 
validity  of  any  district  heretofore  organized  under  the  laws  of  this 
state,  or  its  rights  in  or  to  property,  or  any  of  its  rights  or  privileges 
of  whatsoever  kind  or  nature;  but  said  districts  are  hereby  made 
subject  to  the  provisions  of  this  act  so  far  as  applicable;  nor  shall  it 
affect,  impair,  or  discharge  any  contract,  obligation,  lien,  or  charge  for, 
or  upon  which  it  was  or  might  become  liable  or  chargeable  had  not  this 
act  been  passed;  nor  shall  it  affect  the  validity  of  any  bonds  which 
have  been  issued  but  not  sold ;  nor  shall  it  affect  any  action  which  now 
may  be  pending. 

Tulare  Irr.  Dist.  vs.  Collins.  154  Cal.  440-2  ; 

Board  of  Supervisors  vs.  Thompson,  122  Fed.  860-2. 

Name  of  district. 

Sec.  109a.  The  name  of  any  district  hereafter  organized  hereunder 
shall  contain  either  the  words  "irrigation  district"  or  "water  con- 
servation district."  Any  district  heretofore  or  hereafter  organized 
and  existing,  the  name  of  which  shall  include  the  words  "irrigation 
district"  may  change  its  said  name  by  substituting  for  the  word 
"irrigation,"  "water  conservation"  by  filing  with  the  board  of  super- 
visors with  which  was  filed  the  original  petition  for  the  organization  of 
the  district,  a  certified  copy  of  a  resolution  of  its  board  of  directors 
adopted  by  the  unanimous  vote  of  all  the  members  of  said  board  at  a 
regular  meeting  thereof  providing  for  such  change  of  name ;  and  there- 
after all  proceedings  of  such  district  shall  be  had  under  such  changed 
name,  but  all  existing  obligations  and  contracts  of  the  district  entered 
into  under  its  former  name  shall  remain  outstanding  without  change 
and  with  the  validity  thereof  unimpaired  and  unaffected  by  such 
change  of  name.     (Stats.  1921,  p.  1110.) 

Effect  on  prior  acts. 

Sec.  110.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in 
any  wise  modifying  the  provisions  of  any  other  act  relating  to  the 
subject  of  irrigation  or  water  commissioners,  except  such  as  may  be 
contained  in  the  act,  an  act  entitled  an  act  to  provide  for  the  organiza- 
tion and  government  of  irrigation  districts,  and  to  provide  for  the 
acquisition  of  water  and  other  property,  and  for  the  distribution  of 
water  thereby  for  irrigation  purposes,  approved  March  seventh,  eigh- 
teen hundred  and  eighty-seven,  and  the  subsequent  acts  supplementary 
thereto,  and  amendatory  thereof,  all  of  which  acts,  so  far  as  they  may 
be  inconsistent  herewith,  are  hereby  repealed. 

Board  of  Supervisors  vs.  Thompson,  122  Fed.  860. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  77 

Time  of  taking  effect. 

Sec.  111.  This  act  shall  take  eflFect  from  and  after  its  passage  and 
approval. 

Title  of  act. 

Sec.  112.  This  act  may  be  referred  to  in  any  action,  proceeding 
or  legislative  enactment  as  "the  California  irrigation  district  act." 
(Stats.  1919,  p.  669.) 

Constitutionality : 

Act  is  constitutional. 

Turlock  Irrigation  District  vs.  Williams,  76  Cal.   360  ; 

Board  of  Directors  vs.  Tregea.  88  Cal.  334  ; 

In,  re  Madera  Irrigation   District,  92   Cal.   296  ; 

In  re  Central  Irrigation  District,  117  Cal.  382  ; 

Matter  of  Bonds  of  South  San  Joaquin  Irrigation  District,  161  Cal.  345  ; 

Fallbrook  Ii-rigation  District  vs.  Bradley,  164  U.  S.  112,  41  L.  Ed.  369. 

Public  corporation : 

Irrigation  district  is  public  corporation  or  quasi  corporation. 
Turlock  Irrigation  District  vs.   Williams,  76  Cal.  360  ; 
Central  Irrigation  District  vs.  DeLappe,  79   Cal.  351  ; 
Crall  vs.  Poso  Irrigation  District,  87  Cal.  140  ; 
In  re  Madera  Irrigation  District,  92  Cal.  296  ; 
People  vs.  Selma  Irrigation  District,  98  Cal.   206  ; 
People  vs.  Turnbull,  93  Cal.  630  ; 
Tulare  Irrigation  District  vs.  Collins,  154  Cal.   440; 
Bettencourt  vs.  Industrial  Accident  Commission,  175  Cal.  559  ; 
Turlock  Irr.  Dist.  vs.  White  (Cal.),  198  Pac.  1060; 
People  vs.  Cardiff  Irr.  Dist.,  34  C.  A.  D.  451 ; 
Lindsay-Strathmore  Irr.  Dist.  vs.  Superior  Court,  182  Cal.  315. 

Validity  of  organization : 

May  not  be  questioned  by  private  party. 

Miller  vs.  Perris  Inigation  District,  85  Fed.  693. 

Can  not  be  attacked  collaterally. 

Quint  vs.  Hoffman,  103  Cal.   506  ; 

Knoicles  vs.  New  Sweden  Irrigation  District    (Idaho),  101  Pac.   81; 
Quinton  vs.  Equitable  Itivestment  Company,  196  Fed.  314  ; 
Tulare  Irrigation  District  vs.  Shepard,  185  U.  S.  1. 

District  may  not  plead  the  illegality  of  its  own  organization  to  defeat  pay- 
ment of  bonds. 

Herring  vs.  Modesto  Irrigation  District,  95  Fed.  705  ; 
Tulare  Ir~rigation  District  vs.  Shepard,  185  U.  S.  1. 

Construction  of  act: 

Act   should   be    so    construed    as    to    effectuate    its    purpose    to    facilitate    the 
economic  and  permanent  reclamation  of  arid  lands. 
Jennison  vs.  Redfield,  149  Cal.  500  ; 

Nampa  and  Meridian  Irrigation  District  vs.  Petrie   (Idaho),   153  Pac.  425; 
Colburn  vs.  Wilson  et  ah  (Idaho),  132  Pac.  579. 


CALIFORNIA   mRIQATION   DISTRICT   LAWS.  79 

2.     CALIFORNIA  WATER  STORAGE  DISTRICT  ACT. 

-4n  act  providing  for  the  organization,  operation,  maintenance,  and 
government  of  tvater  storage  districts,  and  for  the  acquisition, 
appropriation,  diversion,  storage,  conservation,  and  distribution  of 
water  for  irrigation  of  lands  in  such  districts,  for  drainage  and 
reclamation  connected  theretvith,  and  for  the  generation,  disposition, 
and  sale  of  hydro-electric  energy  developed  incidental  to  such  stor- 
age and  distribution;  and  for  the  acquisition  of  lands  or  rights 
therein  and  the  acquisition,  construction,  operation,  and  mainte- 
nance of  works  to  carry  into  effect  the  provisions  of  this  act;  and 
conferring  upon  the  state  engineer  certain  additional  duties  and 
powers  in  connection  with  the  carrying  out  of  the  purposes  of  said 
act  and  providing  for  the  appointment  of  directors  to  CLssist  the 
state  engineer  in  so  doing  and  defining  said  duties  and  powers;  and 
repealing  the  California  irrigation  act  approved  June  4,  1915,  and 
all  acts  amendatory  thereof. 

(Approved  June  3,. 1921 ;  Stats.  1921,  p.  1727  ;  amended  Stats,  1923,  p.  941.) 

STATE  ENGINEER. 

State  engineer,  powers  and  duties  of. 

Section  1.  The  state  engineer  shall  have  the  powers  and  duties  in 
this  act  conferred  upon  him,  in  addition  to  the  other  powers  and  duties 
possessed  by  or  imposed  upon  him  by  law,  and  shall  also  possess  and 
exercise  such  further  powers  and  authority  as  may  be  necessary  to 
enable  him  to  fully  perform  the  duties  imposed  upon  him  by  this  act, 
including  the  employment  of  such  engineers,  attorneys,  superin- 
tendents, inspectors,  and  other  assistants  as  he  may  deem  necessary, 
and  the  fixing  of  their  compensation,  which  together  with  the  cost  and 
expense  of  all  work  done  in  connection  with  the  performance  of  such 
duties  under  this  act  shall  be  paid  by  the  districts  to  be  formed  here- 
under as  hereinafter  provided  for  payment  of  other  expenses  of  the 
district. 

Constitutionality  of  act  established. 

Tarpey  vs.   McClure,  190  Cal.   593  ; 
Wores  vs.  Imperial  Irr.  Dist..  193  Cal.  609. 

Executive  directors,  appointment,  powers  and  duties  of. 

Sec.  2.  For  the  purpose  of  facilitating  and  expediting  the  perform- 
ance of  the  duties  in  this  act  imposed  upon  the  state  engineer  and  to 
provide  against  interference  with  the  performance  of  the  other  duties 
imposed  upon  him  by  law,  and  to  provide  for  the  equalization  of  assess- 
ments in  this  act  provided  for,  the  governor  shall  within  thirty  days 
after  the  date  upon  which  this  act  takes  effect  name  and  designate  two 
persons  to  be  known  and  hereinafter  referred  to  as  executive  directors, 
one  of  whom  shall  have  at  least  five  years'  practical  experience  in  irri- 
gation and  the  other  of  whom  shall  have  had  at  least  five  years'  experi- 
ence in  administration  and  both  of  whom  shall  be  residents  of  this  state 


d6  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

and  continue  to  be  such  residents  during  tlieir  term  of  office,  which 
term  shall  be  four  years,  and  until  their  successors  have  been  named 
and  have  qualified.  Their  successors  shall  be  named  and  designated  in 
like  manner.  Each  of  said  executive  directors  shall  receive  as  com- 
pensation the  sum  of  twenty  dollars  per  day  for  each  day  employed 
by  him  in  the  performance  of  duties  under  this  act,  and  shall  receive 
actual  traveling  expenses  while  engaged  in  such  duties,  which  shall  be 
chargeable  as  a  part  of  the  cost  of  the  project  of  the  district  for  which 
such  duties  are  performed.  The  powers  and  duties  herein  conferred 
and  imposed  upon  the  state  engineer  may  be  exercised  by  said  executive 
directors  under  the  direction  of  the  state  engineer, 

ORGANIZATION  OF  WATER  STORAGE  DISTRICT. 
Who  may  propose  organization  of  district. 

Sec.  3.  A  majority  in  number  of  the  holders  of  title  or  evidence  of 
title  to  lands  already  irrigated  or  susceptible  of  irrigation  from  a  com- 
mon source  and  by  the  same  system  of  storage  and  irrigation  works  and 
representing  a  majority  in  value  of  said  lands  may  by  written  petition 
propose  the  organization  of  a  water  storage  district  under  the  provisions 
of  this  act  which  shall  comprise  lands  so  irrigated  or  susceptible  of 
irrigation  and  may  include  therein  lands  situated  in  other  distinctive 
district  agencies  of  the  state  including  other  water  storage  districts 
having  different  plans  and  purposes  and  the  object  of  v/hieh  is  not  the 
same;  organization  of  such  a  district  under  the  provisions  of  this  act 
may  also  be  proposed  by  written  petition  signed  by  not  less  than  five 
hundred  petitioners  who  are  holders  of  title  or  evidence  of  title  to  lands 
therein ;  provided,  that  the  said  petitioners  must  include  the  holders  of 
title  or  evidence  of  title  to  not  less  than  ten  per  cent  in  value  of  the 
lands  within  said  proposed  district.  Such  lands  proposed  to  be^organ- 
ized  into  a  water  storage  district  need  not  consist  of  contiguous  parcels 
(Stats.  1923,  p.  941.) 

Tarpey  vs.  McClure,  190  Cal.   593. 

Petition  to  organize  district. 

Sec.  4.  In  order  to  propose  the  organization  of  a  water  storage 
district,  a  petition  signed  as  provided  in  the  preceding  section  setting 
forth  generally  the  boundaries  of  the  proposed  district  or  describing 
the  lands  situated  therein,  and  the  location  proposed  for  the  storage  of 
water  to  be  used  for  such  irrigation,  any  drainage  or  reclamation  con 
nected  therewith,  and  any  incidental  development  of  hydro-electric 
energy,  and  the  nature  of  the  proposed  works,  and  praying  that  the  ter- 
ritory embraced  within  said  proposed  district  may  be  organized  as  a 
water  storage  district  under  the  provisions  of  this  act,  shall  be  presented 
to  the  state  engineer.  The  petition  may  consist  of  any  number  of 
separate  instruments,  and  must  be  accompanied  with  a  good  and  suf- 
ficient undertaking,  to  be  approved  by  the  state  engineer,  in  double  the 
amount  of  the  probable  cost  of  organizing  such  district  as  estimated  by 
said  state  engineer,  conditioned  that  the  sureties  shall  pay  all  of  said 
costs  in  ease  said  organization  shall  not  be  finally  effected,  and  said  state 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  81 

engineer  shall  have  power  to  require  the  furnishing  of  any  additional 
undertaking,  or  undertakings,  or  payments  of  money,  in  case  he  should 
deem  the  same  necessary.  Upon  the  presentation  and  filing  of  said 
petition  and  undertaking  in  the  office  of  the  said  state  engineer  the  said 
engineer  shall  forthwith  fix  a  time  and  place  at  which  he  will  hear  said 
petition,  which  place  shall  be  either  the  office  of  the  state  engineer  at 
Sacramento  or  some  place  within  the  county,  or  one  of  the  counties, 
within  which  any  portion  of  the  lands  of  said  proposed  district  are 
situated  and  which  time  shall  be  not  less  than  thirty  nor  more  than  sixty 
days  after  the  presentation  and  filing  of  said  petition.  Said  petition, 
together  with  a  notice  stating  the  time  and  place  of  the  hearing  so  fixed 
by  said  engineer,  shall  be  published  in  each  county  in  which  any  of  the 
lands  of  said  proposed  district  are  situate  by  said  state  engineer  once 
a  week  for  three  successive  weeks  before  said  hearing.  Said  notice  shall 
be  issued  by  said  state  engineer,  shall  refer  to  said  petition,  and  shall 
be  directed  to  the  persons  named  as  petitioners  therein,  and  to  all 
other  persons  holding  title  or  evidence  of  title  to  any  lands  included 
within  the  water  storage  district  proposed  in  said  petition,  and  to  all 
other  persons  who  may  be  interested  in  or  affected  by  the  project  con- 
templated in  said  petition,  and  shall  be  substantially  in  the  following 
form : 

Before  the  state  engineer,  State  of  California. 

To  the  persons  named  as  petitioners  in  the  foregoing  petition,  to  all 
persons  holding  title  or  evidence  of  title  to  lands  included  within  the 
water  storage  district  proposed  therein;  and  to  all  other  persons  who 
may  be  interested  in  or  affected  by  the  project  contemplated  in  said 
petition : 

You,  and  each  of  you,  are  hereby  notified  that  the  foregoing  petition 

was  filed  with  the  state  engineer  on  the day  of , , 

and  will  be  heard  by  said  engineer  at on  the day  of 

, ,  at  the  hour  of m.  of  that  day,  at  which  time  and 

place  said  engineer  will  hear  and  receive  evidence  in  support  of  said 
petition  or  any  objections  which  may  be  presented  thereto,  and  will 
hear  and  determine  the  right  of  all  parties  holding  title  or  evidence  of 
title  to  lands  not  included  in  the  water  storage  district  proposed  in  said 
petition,  but  which  lands  are  already  irrigated  or  susceptible  of  irriga- 
tion from  the  same  common  source  and  by  the  same  system  of  storage 
and  irrigation  works  as  are  particularly  referred  to  and  described  in 
said  petition,  to  have  said  lands  included  in  said  district. 

This  notice  is  given  pursuant  to  the  provisions  of  an  act,  approved 
June  3,  1921,  and  known  as  California  water  storage  district  act,  to 
which  said  act  particular  reference  is  hereby  made. 

Dated 


State  Engineer. 

When  contained  upon  more  than  one  instrument  one  copy  only  of 
said  petition  need  be  published  but  the  names  attached  to  all  said  instru- 
ments must  appear  in  such  publication.     Signatures  to  the  petition  may 


6—40508 


^ 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 


be  withdrawn  at  any  time  before  the  publication  is  commenced  as  in 
this  section  required,  by  filing  a  declaration  signed  by  the  petitioner, 
with  the  state  engineer,  stating  that  it  is  the  intention  of  the  petitioner 
to  withdraw  therefrom,  which  declaration  shall  be  acknowledged  in  the 
same  manner  as  conveyances  of  real  estate  are  required  to  be  acknowl- 
edged.    (Stats.  1923,  p.  942.) 

Hearing  on  petition. 

Sec.  5.  At  the  time  and  place  fixed  in  said  notice  the  state  engineer 
shall  proceed  to  hear  said  petition  and  to  determine  whether  or  not  the 
same  complies  with  the  requirements  hereinbefore  set  forth  and  whether 
or  not  the  notice  required  herein  has  been  published  as  required,  and 
must  hear  all  competent  and  relevant  testimony  offered  in  support  of  or 
in  opposition  thereto.  Said  hearing  may  be  adjourned  from  time  to 
time  for  the  determination  of  said  facts,  not  exceeding  thirty  days  in 
all.  No  defect  in  the  contents  of  the  petition  or  in  the  title  to  or  form 
of  the  notice  or  signatures,  and  no  lack  of  signatures  thereto,  or  to  the 
petition  as  published,  shall  vitiate  any  proceedings  thereon;  provided, 
such  petition  or  petitions  have  a  sufficient  number  of  qualified  signa- 
tures attached  thereto.  The  determination  of  said  engineer  shall  be 
expressed  by  an  order  establishing  the  facts.  If  said  state  engineer  shall 
determine  that  any  of  the  requirements  hereinbefore  set  forth  have  not 
been  complied  with  the  matter  shall  be  dismissed,  but  without  prejudice 
to  the  right  of  the  proper  number  of  persons  to  present  a  new  petition 
covering  the  same  matter  or  to  present  the  same  petition  ^vith  additional 
signatures,  if  such  additional  signatures  are  necessary  to  comply  with 
the  requirements  of  this  act.  If  the  state  engineer  shall  determine  that 
all  the  said  requirements  have  been  complied  with  the  said  engineer 
shall  forthwith  proceed  to  hear  said  petition  and  all  evidence  offered 
in  support  of  the  petition  and  in  support  of  said  written  objections,  and 
the  written  application  of  any  holder  of  title  or  evidence  of  title  to 
lands  included  in  said  proposed  water  storage  district,  to  have  said 
lands  excluded  therefrom,  and  to  also  receive  the  written  application  of 
the  holder  of  title  or  evidence  of  title  to  other  lands  already  irrigated 
or  susceptible  of  irrigation  from  the  common  source  and  by  the  same 
system  of  storage  and  irrigation  works  in  said  petition  more  particularly 
referred  to  and  described,  to  have  said  lands  included  in  said  district 
and  to  participate  in  the  benefits  of  such  water  storage  district.  Said 
engineer  shall  ascertain  and  determine  the  practicability,  feasibility, 
and  utility  of  the  proposed  project  set  forth  in  said  petition,  and  for 
that  purpose  may  make,  or  cause  to  be  made,  all  necessary  studies, 
examinations,  surveys,  plans,  and  estimates  of  cost,  and  in  connection 
therewith  said  state  engineer  may  employ  all  necessary  engineers, 
attorneys,  and  other  assistants,  or  acquire  and  use  estimates,  surveys, 
and  reports  theretofore  made,  for  the  accomplishment  of  said  purposes, 
and  the  cost  thereof  shall  not  in  the  aggregate  exceed  a  sum  in  dollars 
equal  in  amount  to  one-fourth  the  number  of  acres  in  such  proposed 
district  and  shall  be  deemed  a  part  of  the  expense  of  said  project,  and 
said  state  engineer  may  require  the  same  to  be  paid  by  the  proponents  of 
said  district  or  may  issue  warrants  therefor  and  which  payment  and 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  83 

warrants  shall  be  considered  and  treated  in  all  respects  as  warrants  of 
the  district  and  which  shall  be  payable  out  of  the  funds  of  said  district 
when  the  organization  thereof  has  been  completed,  and  the  same,  if 
necessary,  may  be  included  in  any  bond  issue  authorized  for  the  pur- 
poses of  said  district.  If  said  district  shall,  as  a  result  of  any  election 
hereinafter  provided  for,  be  not  organized,  any  warrants  issued  by  said 
state  engineer  or  board  of  directors  of  said  district  upon  the  funds  of 
the  district  shall  be  a  charge  upon  the  undertaking,  or  undertakings, 
hereinbefore  and  in  section  four  of  this  act  provided  for,  and  shall 
thereupon  become  due  and  payable  by  the  sureties  therein  named,  and 
the  holders  of  said  warrants  shall  have  a  cause  of  action  against  said 
sureties  thereon.     (Stats.  1923,  p.  943.) 

Not  attempted  delegation  of  legislative  or  judicial  power. 
Tarpey  vs.    McClure.   190   Gal.    593. 

Order  on  petition. 

Sec.  6.  Upon  the  final  hearing  of  said  petition  the  state  engineer 
shall  make  an  order  reaffirming  his  conclusions  as  to  the  genuineness 
and  sufficiency  of  the  petition,  affirming  the  regularity  and  sufficiency 
of  the  notice  of  hearing  thereon,  and  determining  the  practicability, 
feasibility,  and  utility  of  the  proposed  project.  The  said  engineer  shall 
also  in  his  said  order  establish  the  boundaries  of  the  proposed  district  or 
describe  the  lands  included  therein,  specify  the  location  proposed  for  the 
storage  of  water  to  be  used  for  any  of  the  purposes  of  this  act,  and  pro- 
vide an  estimate  of  the  probable  cost  of  the  proposed  project.  The 
said  state  engineer  shall  also  in  his  said  order  divide  said  proposed 
district  into  five,  seven,  nine,  or  eleven  divisions  in  such  manner  as  to 
segregate  into  separate  divisions  lands  possessing  the  same  general 
character  of  water  rights  or  interests  in  and  to  the  waters  of  such  com- 
mon source,  which  divisions  shall  be  numbered  first,  second,  third, 
fourth,  and  fifth,  and  sixth,  seventh,  eighth,  ninth,  tenth,  or  eleventh, 
according  to  the  number  of  such  divisions.  The  order  of  said  state 
engineer,  made  as  in  this  section  provided,  shall  be  signed  by  him  and 
entered  in  full  upon  the  records  kept  by  him.  A  copy  of  such  order 
certified  by  said  state  engineer,  together  with  a  map  showing  the  exterior 
boundaries  of  the  district  and  indicating  the  lands  if  any  excluded 
therefrom,  shall  forthwith  be  filed  for  record  in  the  office  of  the  county 
recorder  of  each  county  in  which  any  of  the  lands  within  the  said  dis- 
trict are  situated.  The  finding  of  said  state  engineer  in  favor  of  the 
genuineness  and  sufficiency  of  the  petition  and  the  regularity  and 
sufficiency  of  the  notice  of  hearing  thereon  shall  be  final  and  conclusive 
against  all  persons  except  the  State  of  California  upon  suit  commenced 
by  the  attorney  general.  Any  such  suit  must  be  commenced  within 
ninety  days  after  the  date  of  first  filing  in  the  office  of  any  county 
recorder  of  such  certified  copy  of  said  order  as  hereinabove  required. 
(Stats.  1923,  p.  945.) 

Authority  of  state  engineer. 

Tarpey  vs.    McClure,   190   Gal.    593. 


84  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

Election  on  organization. 

Sec.  7.  Said  state  engineer  shall,  within  sixty  da^^s  after  the  filing 
of  said  order,  give  notice  of  an  election  to  be  held  in  the  proposed 
district  for  the  purpose  of  determining  whether  or  not  the  same  shall 
be  organized  under  the  provisions  of  this  act.  Such  notice  shall 
describe  the  boundaries  so  established,  or  the  lands  so  included,  and  the 
divisions  so  created,  and  shall  designate  a  name  for  the  proposed  dis- 
trict, and  said  notice  shall  be  published  once  a  week  for  at  least  three 
weeks  previous  to  such  election  in  each  county  in  which  any  land  in  the 
proposed  district  is  situated.  Such  notice  shall  require  ballots  to  be 
cast  which  shall  contain  the  words  "Water  storage  district — Yes"  or 
"Water  storage  district — No,"  or  words  equivalent  thereto,  and  also 
the  names  of  persons  to  be  voted  for  at  said  election.  For  the  purposes 
of  said  election  the  state  engineer  must  establish  a  convenient  number 
of  election  precincts  in  said  proposed  district  and  define  the  boundaries 
thereof  and  at  least  one  such  precinct  must  be  established  for  each 
division  of  said  district  and  said  state  engineer,  at  the  time  of  calling 
said  election,  shall  in  his  order  designate  voting  places  and  appoint 
three  landholders  of  the  district  to  act  as  a  board  of  election  at  each 
voting  place.  Such  election  shall  be  conducted  as  nearly  as  practicable 
in  accordance  with  the  general  water  storage  district  election  as  in  this 
act  provided,  but  no  particular  form  of  ballot  shall  be  required.  Nom- 
inating petitions  for  officers  to  be  elected  at  such  election  shall  be 
filed  as  provided  in  section  thirtj'-nine  of  this  act  except  that  the  same 
shall  be  filed  in  the  office  of  the  state  engineer. 

Tarpey   vs.    McClure,   190    Cal.    593. 

Election  of  directors. 

Sec.  8.  At  such  election  there  shall  be  elected  a  board  of  directors 
corresponding  in  number  to  the  number  of  divisions  in  the  district,  and 
a  treasurer.  None  of  said  directors  shall  be  elected  by  the  district  at 
large,  but  one  director  shall  be  elected  by  each  division  to  represent 
such  division.  Said  officers  shall  qualify  in  the  same  manner  as  is 
provided  for  the  qualification  of  the  same  officers  elected  at  a  general 
water  storage  district  election  as  hereinafter  in  this  act  provided. 

Qualification  of  voters. 

Sec.  9.  Only  the  holders  of  title  or  evidence  of  title  to  lands 
situated  within  the  district  shall  be  entitled  to  vote  at  such  election, 
and  every  such  holder  of  title  or  evidence  of  title  shall  be  entitled  to 
vote,  in  person  or  as  hereinafter  provided,  in  each  precinct  in  which 
any  of  the  lands  so  owned  by  him  are  situated  and  to  cast  one  vote  for 
each  one  hundred  dollars',  or  fraction  thereof,  worth  of  land  in  said 
precinct  so  owned  by  him.  Each  male  or  female  voter  over  the  age  of 
twenty-one  years  shall  be  entitled  to  vote  in  person  or  by  proxy.  Any 
guardian,  administrator,  or  executor  of  a  person  or  estate  owning  land 
within  the  district  shall  be  considered  the  holder  of  title  or  evidence  of 
title  to  such  lands  for  the  purposes  of  this  act,  where  the  owner  in  fee 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  85 

is  not  entitled  to  vote.  Any  corporation  holding  title  or  evidence  of 
title  to  lands  within  the  district  shall  be  entitled  to  vote  as  such  land 
owner  through  any  officer  or  agent  thereunto  duly  authorized  in  writ- 
ing under  the  seal  of  the  corporation.  Entryiuen  upon  public  lands 
situated  within  tbe  district  shall  be  considered  as  the  holders  of  title  or 
evidence  of  title  to  such  lands  for  the  purposes  of  this  act.  No  person 
shall  vote  by  proxy  unless  his  authority  to  cast  such  vote  shall  be 
evidenced  by  an  instrument  in  writing  duly  acknowledged  and  certi- 
fied in  the  same  manner  as  grants  of  real  property  and  filed  with  the 
board  of  election.  The  provisions  of  this  act  relating  to  general  elec- 
tions shall,  except  as  herein  otherwise  specifically  provided,  apply  to 
elections  on  organization  of  any  water  storage  district  under  this  act. 
(Stats.  1923,  p.  945.) 

Canvass  of  votes. 

Sec.  10.  The  state  engineer  shall  on  the  second  Monday  succeeding 
iich  election  proceed  to  canvass  the  votes  cast  thereat  and  if  upon  such 
canvass  it  appears  that  a  majority  of  all  the  votes  cast  are  "Water 
storage  district — Yes"  said  engineer  shall,  by  an  order  entered  in  the 
records  kept  by  him,  declare  the  territory  duly  organized  as  a  water 
storage  district  under  the  name  heretofore  designated,  and  shall 
declare  the  candidate  for  director  receiving  at  such  election  the  highest 
number  of  votes  in  each  division  to  be  duly  elected  a  director,  and 
the  candidate  for  treasurer  receiving  the  highest  number  of  votes  in  the 
district  to  be  duly  elected  treasurer.  If  upon  such  canvass  it  appears 
that  a  majority  of  all  the  votes  cast  are  "Water  storage  district — No," 
then  the  result  of  such  election  shall  be  declared  accordingly  and 
entered  of  record  in  the  records  kept  by  the  state  engineer. 

Order  on  election,  filing  of. 

Sec.  11.  If  such  order  on  election  shall  declare  the  territory  duly 
organized  as  a  water  storage  district  the  said  state  engineer  shall  forth- 
with cause  a  copy  of  such  order,  duly  certified,  to  be  filed  for  record 
in  the  office  of  the  county  recorder  of  each  county  in  which  any  portion 
of  the  lands  embraced  in  such  district  is  situated,  and  from  and  after 
such  filing  the  organization  of  such  district  shall  be  complete  and  said 
district  shall  have  the  powers  and  rights  conferred  upon  it  by  the  pro- 
visions of  this  act.  Said  state  engineer  shall  at  the  same  time  issue 
certificates  of  election  to  the  persons  declared  in  said  order  to  be  elected 
I  i  rectors  and  treasurer. 

ORGANIZATION  OF  BOARD  OF  DIRECTORS  AND  REPORT  OF 
BOARD  ON  PROJECT. 

Board  of  directors,  tenure  of  office. 

Sec.  12.  The  directors  and  treasurer  elected  at  such  election,  after 
qualifying  by  receiving  their  certificates  of  election  and  subscribing 
tlic  officini  ();ifli  rind  -iviniT  tlio  required  bond.s,  shall  immediately  enter 


86  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

upon  their  duties  and  shall  hold  office,  respectively,  until  their  suc- 
cessors are  elected  and  qualified. 

Board  of  directors,  organization  of. 

Sec.  13.  The  directors  shall  on  the  first  Tuesday  after  their  elec- 
tion and  qualification  meet  and  organize  as  a  board  and  select  and 
designate  an  office  of  the  board,  which  shall  also  be  the  office  of  the 
district,  at  which  the  board  shall  thereafter  hold  its  meetings.  The 
board  shall  then  proceed  to  classify  themselves  by  lot  into  two  classes, 
as  nearly  equal  in  number  as  possible,  and  the  term  of  office  of  the 
class  having  the  greater  number  shall  expire  on  the  first  Tuesday  in 
March  following  the  next  general  February  election  in  this  act  provided 
for;  and  the  term  of  office  of  the  class  having  the  lesser  number  shall 
terminate  on  the  first  Tuesday  in  March  following  the  next  general 
February  election  thereafter.  After  such  classification  the  board  shall 
elect  a  president  from  their  number  and  shall  appoint  a  secretary,  each 
of  whom  shall  hold  office  during  the  pleasure  of  the  board.  The  salary 
of  the  secretary  and  the  amount  of  the  bond  to  be  given  by  him  for 
the  faithful  performance  of  his  duties  shall  be  fixed  by  the  board. 

Board  of  directors,  meetings  of. 

Sec.  14.  The  board  of  directors  shall  thereafter  hold  regular  meet- 
ings on  the  first  Tuesday  of  each  month  at  the  place  selected  as  the 
office  of  the  board;  provided,  that  such  board  may  by  resolution  duly 
entered  upon  its  minutes  fix  anj^  other  time  or  place  for  the  regular 
monthly  meeting,  but  no  such  change  shall  become  effective  until  after 
the  resolution  making  such  change  shall  have  been  published  once  a 
week  for  two  successive  weeks  in  the  county  in  which  the  office  of  the 
board  of  directors  is  located.  Such  special  meetings  of  the  bo^rd  of 
directors  may  be  held  as  may  be  required  for  the  proper  transaction 
of  the  business  of  the  district,  but  a  special  meeting  must  be  ordered 
by  a  majority  of  the  board.  The  order  must  be  entered  of  record,  and 
five  days  notice  thereof  must  be  given  by  the  secretary  to  each  director 
not  joining  in  the  order.  The  order  must  specify  the  business  to  be 
transacted,  and  no  other  business  than  that  specified  in  the  order  may 
be  transacted  at  such  special  meeting,  unless  all  the  members  are 
present  and  consent  to  the  consideration  of  any  business  not  specified 
in  said  order.  All  meetings  of  the  board  must  be  public  and  a  majority 
shall  constitute  a  quorum  for  the  transaction  of  business.  A  smaller 
number  of  directors  than  a  quorum  may  adjourn  from  day  to  day.  All 
records  of  the  board  shall  be  open  to  public  inspection  during  business 
hours. 

Board  of  directors,  complementary  powers  and  duties  of. 

Sec.  15.  The  board  of  directors  shall  have  in  addition  to  the  powers 
and  authority  hereinbefore  and  hereinafter  conferred  upon  it.  such 
further  powers  and  authority  as  may  be  necessary  to  enable  it  to  fully 
perform  the  duties  imposed  upon  it  by  this  act. 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  87 

Provisions  for  defraying  preliminary  expenses. 

Sec.  16.  The  board  of  directors  must  and  shall  at  its  first  regular 
monthly  meeting^  levy  an  assessment  of  an  equal  amount  upon  each 
acre  of  land  in  said  district  sufficient  to  pay  all  warrants  issued  by  the 
state  engineer  in  accordance  with  tlie  provisions  of  this  act,  and  in 
addition  thereto  an  amount  sufficient  in  the  judgment  of  said  board  to 
defray  all  other  expenses  incurred  or  to  be  incurred  by  or  for  the 
benefit  of  said  district  prior  to  the  appointment  of  tlie  commissioners 
provided  for  in  section  nineteen  of  this  act.  In  the  event  the  assess- 
ment so  levied  for  the  purposes  aforesaid  shall  not  be  sufiicieut,  it  shall 
be  the  duty  of  the  board  of  directors  to  levy  an  additional  assessment, 
or  assessments ;  thereafter  if  it  shall  become  necessary  to  provide  funds 
for  the  payment  of  any  expense  incurred  by  or  on  behalf  of  the  district 
subsequent  to  the  appointment  of  said  commissioners  and  prior  to  the 
assessment  provided  for  in  section  nineteen  of  this  act,  the  board  of 
directors  shall  levy  such  additional  assessment,  or  assessments,  of  an 
equal  amount  upon  each  acre  of  land  in  said  district  as  may  be  neces- 
sary to  pay  such  expenses;  provided,  however,  the  total  of  all  such 
assessments  exclusive  of  the  amount  assessed  to  pay  all  warrants  issued 
by  the  state  engineer  shall  not  exceed  fifty  (50)  cents  per  acre.  Said 
assessment,  or  assessments,  so  levied  shall  constitute  a  lien  iipon  the 
lands  affected  thereby  until  the  full  amount  thereof  is  paid,  which  lien 
shall  be  prior  to  all  other  liens  except  state,  county,  and  municipal 
taxes  and  assessments  or  taxes  levied  or  assessed  by  or  under  statutory 
authority,  and  shall  be  collected  in  the  same  manner  as  other  assess- 
ments provided  for  in  this  act.     (Stats.  1923,  p.  946.) 

Original  section  constitutional. 

Tarpey   vs.   McClure.   190   Cal.    593. 

Board  of  directors,  preparation  and  submission  of  report  of. 

Sec.  17.  The  board  of  directors  shall,  upon  the  organization  of  a 
water  storage  district  as  in  this  act  provided,  proceed  to  make  or  cause 
to  be  made,  all  such  examinations,  surveys,  detailed  plans  and  specifi- 
cations, and  estimates  of  costs  for  fhe  acquisition,  appropriation,  diver- 
sion, storage,  conservation,  and  distribution  of  water,  any  drainage  or 
reclamation  works  connected  therewith,  and  the  generation  of  hydro- 
electric energy  incident  thereto,  and  the  sale  and  distribution  thereof, 
as  may  be  necessary  or  requisite  to  enable  said  board  of  directors  to 
ascertain  and  estimate  the  requirements  and  works  necessary  as  afore- 
said for  the  purposes  of  said  water  storage  district  and  the  probable 
cost  and  expense  thereof,  and  to  make  a  report  thereof  as  hereinafter 
provided.  In  such  connection  said  board  may  use  and  adopt  all 
previous  estimates,  surveys,  reports,  and  other  data  it  may  have 
acquired  or  which  are  available  to  it  adapted  to  that  purpose,  and  may 
employ  all  necessary  engineers,  attorneys,  and  other  assistants  for  the 
accomplishment  of  said  purposes,  and  the  cost  thereof  shall  be  deemed 
a  part  of  the  expense  of  said  project,  and  such  board  may  issue  war- 
rants therefor,  which  shall  be  payable  out  of  the  funds  of  said  district 


88  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

and  may  be  included  in  any  bond  issue  authorized  for  the  purposes  of 
said  district. 

Upon  the  completion  of  said  examination  and  study  of  the  proposed 
project  by  the  said  board  of  directors,  the  said  board  shall  prepare  and 
file  in  the  office  of  the  state  engineer  a  report  thereof,  in  which  said 
report  shall  be  set  forth  in  full  and  in  detail  the  character  and  nature 
of  the  proposed  works,  a  description  of  the  rights,  both  to  waters  and 
lands,  it  will  be  necessary  to  acquire  to  carry  said  project  to  comple- 
tion, accompanied  by  detailed  plans  and  specifications,  and  a  detailed 
estimate  of  the  costs  of  said  project,  including  the  acquisition  of  all 
rights  necessary  to  the  completion  and  operation  thereof.  The  board 
of  directors  shall  attach  to  said  report  a  recommendation  that  said 
project  shall  be  carried  out  in  accordance  with  the  plans  and  specifica- 
tions in  said  report  contained,  or  that  said  project  be  abandoned. 
Such  report  when  completed  shall  be  signed  by  a  majority  of  the  board 
of  directors  and  entered  in  full  upon  the  minutes  of  said  board.  A 
copy  of  such  report  certified  by  the  secretary  of  said  board  of  directors 
shall  be  filed  in  the  office  of  the  state  engineer. 


PROCEEDINGS  OF  STATE  ENGINEER  SUBSEQUENT  TO  REPORT 
OF  BOARD  OF  DIRECTORS. 

Action  on  adverse  report. 

Sec.  18.  If  the  said  board  of  directors  recommends  that  said  proj- 
ect be  abandoned  the  state  engineer  shall  make  such  further  investiga- 
tion of  said  project  as  is  in  his  judgment  desirable  and  shall  within 
sixty  days  after  the  filing  of  said  report  make  and  enter  upon  the 
records  kept  by  him  an  order  either  (a)  approving  and  confirming  the 
said  report  and  recommendation  and  declaring  said  project  abandoned, 
which  said  order  shall  be  without  prejudice  to  the  presentation  of 
another  petition  covering  the  same  matter,  or  (&)  approving  and 
adopting  the  said  report  but  taking  no  action  with  respect  to  the  said 
recommendation,  and  calling  another  election  to  be  held  in  the  district 
for  the  purpose  of  determining  whether  or  not  the  recommendation  of 
said  board  of  directors  shall  be  adopted  or  rejected.  In  the  event  the 
said  order  so  made  and  entered  by  the  state  engineer  shall  call  an 
election,  said  state  engineer  shall  within  thirty  days  after  the  entry  of 
said  order  give  notice  of  such  election.  Said  notice  shall  be  published 
once  a  week  for  at  least  three  weeks  previous  to  such  election  in  each 
county  in  which  any  land  in  the  district  is  situated.  Said  notice  shall 
require  ballots  to  be  cast,  which  shall  contain  the  words  "Completion 
of  project — Yes"  or  "Completion  of  project — No."  For  the  purposes 
of  said  election  the  state  engineer  must  establish  a  convenient  number 
of  election  precincts  in  said  district  and  define  the  boundaries  thereof 
and  said  state  engineer  at  the  time  of  calling  said  election  shall  in  his 
order  designate  voting  places  and  appoint  three  land  holders  of  the 
district  to  act  as  a  board  of  election  at  each  voting  place.  Such  elec- 
tion shall  be  conducted  as  nearly  as  i)racticable  in  accordance  with  the 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  89 

provisions  of  this  act  relating  to  general  water  storage  district  elec- 
tions, but  no  particular  form  of  ballot  shall  be  required.  The  qualifica- 
tion of  voters  at  said  election  shall  be  the  same  as  prescribed  for  the 
original  election  on  organization  of  district,  and  the  votes  cast  at  said 
election  shall  be  canvassed  in  the  same  manner  as  votes  cast  at  said 
original  election,  and  the  result  of  such  election  shall  be  declared  and 
entered  of  record  in  the  minutes  of  the  board.  If  such  result  shall 
show  a  majority  of  all  the  votes  cast  are  "Completion  of  project — 
No,"  the  state  engineer  shall  make  and  enter  in  his  records  an  order 
declaring  said  project  abandoned,  and  requiring  all  persons,  except  the 
holders  of  warrants  issued  pursuant  to  the  provisions  of  this  act  and 
which  have  been  duly  presented  for  payment,  having  claims  against 
said  district,  or  proposed  district,  to  file  them  with  the  necessary 
vouchers  within  three  months  from  the  making  of  said  order  in  the 
office  of  said  state  engineer.  Notice  of  said  order  requiring  presenta- 
tion of  claims  stating  the  time  and  place  thereof  shall  be  published  in 
the  county  in  which  the  office  of  the  district  is  located  by  said  state 
engineer  once  a  week  for  four  successive  weeks,  the  first  publication  of 
which  said  notice  sball  be  made  within  ten  days  after  the  making  of 
said  order.  After  all  warrants  issued  under  the  provisions  of  this  act 
which  have  been  duly  presented  for  payment  and  all  claims  that  have 
been  duly  presented  and  have  been  allowed  and  approved  by  said  state 
engineer  or  the  board  of  directors  of  said  district,  have  been  paid,  said 
state  engineer  shall  forthwith  cause  a  copy  of  said  order  declaring  said 
project  abandoned,  duly  certified  by  said  state  engineer,  to  be  filed  for 
record  in  the  office  of  the  county  recorder  of  each  county  in  which  any 
portion  of  the  land  embraced  in  said  district  is  situated,  and  from  and 
after  such  filing  said  district  shall  be  deemed  dissolved  and  all  liens 
which  may  have  attached  to  any  of  the  lands  therein  under  any  pro- 
visions of  this  act  shall  be  discharged  and  any  undertaking  given  pur- 
suant thereto  shall  be  annulled  and  of  no  further  effect.  If  the  canvass 
of  the  votes  cast  at  such  election  show  a  majority  of  all  votes  cast  are 
"Completion  of  project — Yes"  said  state  engineer  shall  thereupon 
appoint  the  commissioners  provided  for  in  section  nineteen  of  this  act 
and  thereafter  such  proceedings  shall  be  taken  and  followed  as  are 
provided  in  said  section  nineteen  and  subsequent  sections  of  this  act. 

Tarpey  vs.    McClure,   190   Cal.    593. 

Action  on  favorable  report,  assessment  of  project  cost  by  commissioners,  and 
review  thereof  by  adjustment  board. 

Sec.  19.  If  the  board  of  directors  recommends  that  said  project  be 
carried  out  in  accordance  with  the  plans  and  specifications  in  its  said 
report  contained  and  if  within  sixty  days  after  the  filing  of  said  report 
in  the  office  of  the  state  engineer  there  .shall  be  presented  to  and  filed 
with  said  state  engineer  a  petition  signed  by  the  owners  of  more  than 
fifteen  per  cent  of  the  total  assessed  valuation  of  the  land  in  the  district 
requesting  that  an  election  be  held  to  ascertain  whether  such  recom- 
mendation of  the  board  of  directors  shall  be  adopted,  the  state  engineer 
shall  immediately  give  notice  of  such  an  election,  which  election  shall 


90  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

be  held  and  conducted  and  the  result  thereof  determined  and  declared 
in  all  respects  as  provided  in  section  eighteen  of  this  act,  and  if  the 
result  of  such  election  shows  a  majority  of  all  votes  cast  are  "Completion 
of  project — No"  the  project  shall  be  deemed  abandoned  and  proceedings 
shall  be  thereafter  taken  as  provided  in  said  section  eighteen  in  case  of 
abandonment,  but  if  no  petition  shall  be  filed  as  aforesaid  or  if  an  elec- 
tion be  held  and  the  majority  of  the  votes  cast  thereat  are  ''Completion 
of  project — ^Yes"  then  the  state  engineer  shall  forthwith  appoint  three 
commissioners  whose  duty  it  shall  be  to  assess  the  cost  of  the  project, 
upon  the  benefited  lands  within  the  district  which  shall  be  done,  and 
the  said  cost  shall  be  apportioned  in  accordance  with  the  benefits  that 
will  accrue  to  each  tract  of  land  held  in  separate  ownership  in  said 
district  by  reason  of  the  expenditures  of  said  sums  of  money,  and  the 
completion  of  the  project,  such  assessment  to  be  in  gold  coin  of  the 
United  States;  provided,  how&ver,  that  where  any  such  tract  of  land 
consists  of  more  than  one  section  such  apportionment  to  such  tract  of 
land  shall  be  made  according  to  legal  subdivisions  thereof  or  to  other 
boundaries  sufficient  to  identify  the  same  in  subdivisions  not  greater 
than  one  section  in  area,  but  any  failure  or  defect  in  complying  with 
this  requirement  shall  not  invalidate  said  apportionment  or  said  assess- 
ment. One  of  said  commissioners  shall  be  a  civil  engineer  and  one 
shall  have  a  practical  knowledge  of  irrigation,  and  none  of  said  com- 
missioners shall  have  any  interest  in  any  land  in  the  district  either 
directly  or  indirectly,  and  each  commissioner  before  entering  upon  his 
duties  shall  take  and  subscribe  an  oath  that  he  is  not  in  any  manner 
interested  directly  or  indirectly  in  any  land  in  the  district  and  that  he 
will  perform  the  duties  of  commissioner  to  the  best  of  his  ability,  and 
said  commissioners  shall  be  paid  as  compensation  for  the  services  ren- 
dered by  them  such  sum,  or  sums,  as  the  state  engineer  shall  fix  and 
determine,  which  shall  be  considered  a  part  of  the  cost  of  the  project, 
and  said  state  engineer  may  issue  warrants  therefor,  which  sliall  be 
payable  out  of  the  funds  of  said  district  and  may  be  included  in  any 
bond  issue  authorized  for  the  purposes  of  said  district.  The  said  com- 
missioners shall  receive  from  the  board  of  directors  of  the  district  the 
detailed  plans,  specifications,  and  estimate  of  the  costs  of  the 
project,  which  have  theretofore  been  duly  approved  by  the  state  engi- 
neer. The  said  commissioners  shall  thereupon  prepare  and  certify  to 
the  state  engineer  in  triplicate  rolls  which  shall  contain : 

(1)  A  description  of  each  tract  assessed  held  in  separate  ownership 
by  legal  subdivisions,  governmental  surveys,  or  other  boundaries  suf- 
ficient to  identify  the  same ; 

(2)  The  number  of  acres  in  each  tract ; 

(3)  The  name  and  address  of  the  owner  of  each  tract,  if  known,  and 
if  unknown,  that  fact,  but  no  mistake  or  error  in  the  name  of  the  owner 
or  supposed  owner  of  the  property  assessed,  and  no  mistake  in  any 
other  particular,  shall  render  the  assessment  thereof  invalid; 

(4)  The  rate  per  acre  of  such  assessment  upon  said  tract ; 

(5)  The  total  amount  of  the  assessment  as  computed; 

(6)  Any  other  statement  which  may  be  required  by  the  state  engineer 
and  as  to  which  notice  is  given  in  writing  to  the  commissioners  at  the 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  91 

time  of  transmitting  the  plans  and  specifications  and  costs  of  the  work 
for  the  district  beforementioned. 

The  rolls  shall  be  separately  made  for  lands  lying  within  difi'erent 
counties  contained  within  said  district.  Said  rolls  when  completed 
shall  be  accompanied  by  the  written  report  of  the  commissioners  wherein 
is  set  out  with  particularity  the  exact  nature  and  quantum  of  the 
benefits  so  assessed,  both  in  respect  of  the  right  in  and  to  stored  surplus 
waters,  and  the  right  to  store  water  in  the  reservoir  or  reservoirs  of 
the  district,  apportioned  and  allocated  to  each  such  tract  of  land  in  said 
district  and  also  through  any  drainage  or  reclamation  work  connected 
therewith.  In  such  report  lands  embraced  within  a  comprehensive 
area  or  a  political  subdivision  of  the  state  may  be  referred  to  generally 
as  lands  lying  within  such  area  or  subdivision  without  further 
description. 

In  the  event  of  the  conveyance  of  a  part  of  a  tract  of  land  in  said 
district  and  in  the  absence  of  any  provisions  in  the  instrument  convey- 
ing the  same,  said  lands  so  conveyed  shall  be  deemed  to  share  ratably  in 
the  benefits  apportioned  to  the  entire  tract. 

Said  rolls  when  completed  shall  be  duly  certified  by  said  commis- 
sioners and  forthwith  by  them  filed  in  the  office  of  the  state  engineer. 
Said  state  engineer  shall  forthwith  transmit  two  copies  of  said  rolls  to 
the  board  of  directors  of  said  district,  who  shall  file  one  copy  in  their 
records  and  thereupon  transmit  to  the  county  treasurer  of  each  county 
within  such  district  that  portion  of  the  roll  relating  to  the  lands  within 
such  county.  Thereafter  the  executive  directors  and  the  president  of 
the  board  of  directors  of  the  water  storage  district  in  which  the  lands 
described  in  said  rolls  are  situated  shall  become  and  constitute  a  board, 
in  the  nature  of  a  board  of  equalization,  which  shall  be  known  and 
designated  as  the  "adjustment  board"  and  whose  functions  shall  be  to 
consider  and  act  upon  objections,  if  any,  presented  as  herein  provided 
to  the  assessment  made  by  said  commissioners.  For  that  purpose  said 
adjustment  board  shall  at  once  organize  by  the  election  from  its  members 
of  a  president  and  a  secretary  and  shall  thereupon  appoint  times  and 
places  not  less  than  thirty  days  after  said  rolls  have  been  filed  in  the 
records  of  said  board  of  directors  when  and  where  it  will  meet  within 
each  county  wherein  lands  of  said  district  are  situated  for  the  purpose 
of  hearing  objections  to  said  assessments,  and  notice  of  such  hearing 
shall  be  published  at  least  once  a  week  for  two  successive  weeks  in  each 
county  in  which  any  land  within  said  district  may  be  situate.  Said 
objections,  if  any,  must  be  in  writing  verified  and  filed  with  the  state 
engineer,  and  shall  set  forth  the  grounds  of  such  objections.  Such 
verification  shall  be  made  by  the  affidavit  of  the  objector  or  some  other 
person  who  is  familiar  with  the  facts.  Said  adjustment  board  may 
postpone  such  hearings  from  time  to  time.  At  such  hearings  the 
adjustment  board  shall  hear  such  evidence  as  may  be  offered  touching 
the  correctness  of  such  assessment,  and  may  modify,  amend,  or  appro-ve 
the  said  assessment  in  any  particular  and  may  reapportion  the  whole  or 
any  part  thereof;  provided,  however,  that  no  assessment  .shall  be 
increased  except  after  personal  notice  or  notice  by  registered  mail  given 
to  the  owner  if  known  by  depositing  in  the  postoffice  at  the  place  in 


92  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

which  the  office  of  said  district  is  located  in  a  sealed  envelope  addressed 
to  each  of  such  owners  at  his  last  known,  if  any,  place  of  residence  or 
business  otherwise  at  the  county  seat  of  the  county  in  which  any  portion 
of  his  lands  are  situated,  with  full  postage  paid,  at  least  two  weeks 
before  said  hearing,  or  if  unknown  by  publication  at  least  once  a  week 
for  two  successive  weeks  in  the  county  in  which  said  land  in  the  district 
may  be  located,  and  upon  a  hearing  of  objections  thereto  if  made. 

Said  adjustment  board,  after  said  hearings,  must  make  an  order 
approving  such  assessment  as  finally  fixed  or  modified,  which  order  shall 
be  filed  with  and  entered  in  the  records  of  the  state  engineer,  and  the 
apportionment  and  determination  of  said  adjustment  board  shall  be 
final  and  conclusive,  and  no  action  or  defense  shall  ever  be  maintained 
attacking  the  same  in  any  respect.  Two  copies  of  said  assessment  roll 
as  finally  fixed  and  approved  by  the  adjustment  board  shall  be  forth- 
with certified  by  the  secretary  of  such  adjustment  board  and  transmitted 
to  the  board  of  directors  of  the  said  district,  who  shall  file  one  copy  in 
their  records  and  thereupon  immediately  transmit  to  the  county  treas- 
urer of  each  county  within  such  district  that  portion  of  the  roll  relating 
to  the  lands  within  such  county,  together  with  a  copy  of  the  order  of 
approval  of  such  assessment  roll  by  said  adjustment  board.  Thereafter 
said  assessment  roll  shall  be  conclusive  evidence  before  any  court  or 
tribunal  that  said  assessment  has  been  made  and  levied  according  to  law. 

When  the  board  of  directors  shall  file  with  the  county  treasurer  of  a 
county  within  such  district  the  said  assessment  list  or  roll  as  finally 
approved  as  hereinbefore  provided  the  charges  assessed  thereby  upon 
the  several  tracts  of  land  within  the  county  shall  contitute  a  lien  thereon 
which  shall  be  prior  to  all  other  liens  except  state,  county,  and  municipal 
taxes,  and  assessments  or  taxes  levied  or  assessed  by  or  under  statutory 
authority,  and  shall  impart  notice  thereof  to  all  persons.  "Where  bonds 
of  such  district  have  been  issued  upon  any  such  assessment  no  act  or 
conduct  on  the  part  of  such  board  of  directors,  or  any  officer  herein 
mentioned,  shall  invalidate  any  such  assessment  after  the  same  shall 
have  become  a  lien  in  the  manner  herein  provided.  (Stats.  1923, 
p.  946.) 

Hearing  as  to  benefits. 

Fallbrook  Irr.  Dist.  vs.  Bradley,  164  U.  S.  112; 
Tarpey   vs.   McClure,   190   Cal.    593. 

PAYMENT  OF  ASSESSMENTS. 
Provision  for  payment  in  full. 

Sec.  20.  The  assessment  list  of  each  county  must  remain  open  for 
payment  in  full  in  the  office  of  the  county  treasurer  of  tlie  respective 
counties  within  the  district  for  a  period  of  thirty  days ;  and  during 
the  time  they  so  remain  any  person  may  pay  the  amount  of  the  charge 
a.ssessed  again.st  any  tract  of  land  to  the  county  treasurer  in  gold  coin 
of  the  United  States  or  in  warrants  of  the  district  drawn  by  the  state 
engineer  or  the  board  of  directors,  or  the  proper  officers  thereof. 

Collection  of  unpaid  assessments. 

Sec.  21.  At  the  end  of  thirty  days  the  trea.surer  must  make  return 
to  the  board  of  directors  of  tlie  distrit't  of  ;ill  Msscssmciifs  paid.     All 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  93 

unpaid  assessments  sliall  bear  interest  at  the  rate  of  seven  per  cent  per 
annum.  Thereafter  all  unpaid  assessments  and  accrued  interest  shall 
be  collected  when  and  as  called,  and  paid  to  the  treasurer  of  the  county 
or  counties,  who  shall  collect  and  hold  such  moneys  to  the  credit  of  the 
district.  Unless  bonds  shall  have  been  authorized  as  hereinafter  pro- 
vided, all  such  payments  shall  be  made  in  such  amounts  or  installments 
and  at  such  times  respectively  as  the  said  board,  from  time  to  time  in 
its  discretion,  by  order  entered  in  its  minutes,  may  direct.  Upon  mak- 
ing any  order  fixing  and  calling  such  installment  or  amount,  the  secre- 
tary shall  also  enter  in  the  minutes  of  the  board,  and  certify  to  each 
county  treasurer  for  signature  and  mailing  or  publication  in  the  coun- 
ties in  which  any  lands  within  the  district  are  situated  a  notice  in 
substantially  the  following  form: 

Name:  (Name)  water  storage  district.  (Location  of  the  principal 
place  of  business.)     Notice  is  hereby  given  that,  at  a  meeting  of  the 

board  of  directors  held  on an  installment  of ' 

per  cent  of  assessment  number was  ordered  paid  within  sixty 

days  from  the  date  thereof  to  the  respective  county  treasurers  of  the 
counties  wherein  lands  of  such  districts  are  situate.  Any  installment 
which  shall  remain  unpaid  on  the  (day  fixed)  will  be  delinquent, 
together  with  the  accrued  interest  thereon,  with  ten  per  cent  of  such 
installment  and  interest  added  as  penalty. 

(Signed) 

Treasurer  of County. 

Such  notice  must  be  sent  through  the  mail,  addressed  to  each  owner 
of  land  in  the  district  at  his  place  of  residence  if  known  or  entered 
upon  the  assessment  roll  of  the  district,  and  if  not  known,  at  the  place 
where  the  principal  office  of  the  district  is  situated,  or  in  lieu  thereof 
such  notice  shall  be  published  once  a  week  for  two  successive  weeks  in 
each  such  county. 

If  any  such  installment  shall  remain  unpaid  at  the  expiration  of 
said  sixty  days  from  the  date  of  the  order,  then  the  said  installment 
of  said  assessment  shall  become  delinquent,  together  with  the  accrued 
interest  thereon  and  a  penalty  of  ten  per  cent  of  the  amount  of  said 
installment  and  interest  shall  be  added  thereto  and  collected  for  the 
use  of  the  district. 

Immediately  after  the  said  installment  has  become  delinquent  the 
said  county  treasurer  or  county  treasurers  must  publish  once  a  week 
for  two  successive  weeks  in  each  county  wherein  lands  of  the  district 
are  situate,  in  one  notice  a  list  of  all  delinquencies  in  such  county, 
which  notice  shall  contain  a  description  of  the  property  assessed,  the 
name  of  the  person  to  whom  it  is  assessed  or  a  statement  that  it  is 
assessed  to  unknown  owners,  if  such  is  the  fact,  the  amount  then  due 
on  said  property,  and  a  notice  that  the  property  assessed  will  be  sold 
on  the  date  therein  stated  in  front  of  the  courthouse  of  said  county  to 
pay  the  amount  then  due  on  said  property.  The  date  of  said  sale  shall 
not  be  less  than  ten  days  after  the  date  of  the  last  publication  of  said 


94  CALIFORNIA   IRBIGATION   DISTRICT  LAWS. 

notice.  At  the  time  stated  in  said  notice,  or  such  other  time  to  which 
said  sale  may  have  been  postponed,  the  county  treasurer  must  sell  said 
property  to  the  highest  bidder  for  gold  coin  of  the  United  States.  Out 
of  the  proceeds  of  said  sale  the  county  treasurer  must  deposit  the 
amount  due  on  said  property  as  shown  in  said  notice  to  the  proper 
fund  of  the  said  district.  The  county  treasurer  must  pay  to  the  owner 
of  said  property  any  surplus  remaining  after  said  deposit  to  the  credit 
of  the  district,  after  first  deducting  any  expense  of  sale.  Except  where 
bonds  have  been  issued  upon  an  assessment  the  board  of  directors  may 
direct  the  county  treasurer  to  postpone  said  sale  from  time  to  time  for 
not  less  than  ten  nor  more  than  thirty  days  at  one  time,  by  a  written 
notice  posted  at  the  place  of  sale. 

If  no  bid  is  made  for  said  property  equal  to  the  amount  due  thereon, 
it  must  be  struck  off  to  the  district  for  the  said  amount  so  due.  A  cer- 
tificate of  such  sale  shall  be  executed  by  the  county  treasurer  to  the 
purchaser,  or  to  the  district  if  the  property  shall  have  been  struck  off 
to  the  district,  and  this  certificate  of  sale  shall  be  recorded  in  the  office 
of  the  county  recorder  of  said  county.  Any  person  interested  in  said 
property  may  redeem  the  same  at  any  time  within  three  years  after 
the  date  of  said  sale,  by  paying  to  the  county  treasurer  the  amount  for 
which  the  said  property  was  sold,  and  interest  on  the  said  sum  at  the 
rate  of  two  per  cent  per  month  from  the  date  of  said  sale,  which 
amount  shall  be  credited  to  the  proper  fund  of  said  district. 

If  no  redemption  shall  be  made  within  said  three  years,  the  purchaser 
or  the  district,  if  the  property  shall  have  been  sold  to  the  district,  shall 
be  entitled  to  a  deed  executed  by  the  county  treasurer  or  his  successor 
in  office,  and  the  effect  of  such  deed  shall  be  to  convey  said  property 
free  and  clear  of  all  liens  and  incumbrances,  except  state,  county  and 
municipal  taxes,  assessments  or  taxes  levied  or  assessed  by  or  under 
statutory  authority  and  any  water  storage  district  assessment  or  por- 
tion thereof  remaining  unpaid  at  the  date  of  said  sale,  each  installment 
whereof  may  be  called  and  collected  as  herein  provided.  The  board  of 
directors  may  sell  such  property  sold  to  the  district  at  any  time  at 
public  auction  after  notice  given  for  the  same  period  and  in  the  same 
manner  as  is  herein  provided  for  sale  of  delinquent  assessments,  but 
not  for  a  sum  less  than  the  amount  for  which  said  property  was  sold, 
with  interest  at  seven  per  cent  per  annum,  and  the  deed  executed  in 
pursuance  of  such  sale  shall  convey  said  property  free  of  all  incum- 
brances except  as  herein  above  provided  for  said  deed  by  the  countv 
treasurer.     (Stats.  1923,  p.  950.) 

SUPPLEMENTAL  ASSESSMENTS. 

Manner  of  making  levy. 

Sec.  22.  Thereafter,  whenever  in  the  opinion  of  the  board  of 
directors  of  the  district,  it  shall  be  necessary  to  raise  any  sum  for  the 
maintenance,  repair,  or  operation  of  works  of  the  said  district,  or  for 
the  management  and  conduct  thereof,  the  said  board  shall  make  an 
order,  which  order  shall  be  entered  in  the  minutes  of  the  board  and 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  95 

shall  recite  the  total  amount  necessary  to  be  raised,  and  shall  fix  a  rate 
designating  the  number  of  dollars  or  cents  to  be  levied  on  each  one 
hundred  dollars  of  the  original  assessment  theretofore  made  by  the 
commissioners.  Thereafter  the  board  shall  complete  said  assessment 
by  inserting  upon  supplementary  assessment  rolls  the  total  amount 
assessed  against  each  respective  tract  or  parcel  of  land  to  be  assessed. 
The  supplemental  assessment  roll  herein  provided  for  shall  be  filed  with 
the  county  treasurer  of  each  county  of  said  district  wherein  lands  of 
such  district  are  situate,  and  thereafter  collected  in  the  same  manner 
provided  for  the  collection  of  the  original  assessment.  The  board  of 
directors  may  call  the  whole  or  any  part  of  such  supplementary  assess- 
ment in  one  installment,  or  may  call  the  same  in  several  installments. 
The  said  report  of  the  commissioners  allocating  the  assessment  levied 
for  the  purposes  of  the  construction  and  maintenance  of  the  original 
project,  after  having  been  approved  and  filed  for  record  in  each  county 
as  aforesaid,  shall  continue  in  force  as  the  basis  for  apportioning  and 
allocating  subsequent  assessments  for  construction,  maintenance,  repair, 
or  operation  of  the  works  of  the  project,  and  for  the  incidental  expenses 
of  conducting  the  said  district.  All  provisions  of  this  act,  with  respect 
to  the  levy  and  collection  of  assessments,  shall  be  applicable  to  such 
supplemental  assessments. 

Tarpey  vs.    McClure,   190   Cal.    593. 

Special  assessments,  when  and  how  made. 

Sec.  23.  In  the  event  that  the  original  assessment  is  insufficient  to 
provide  for  the  completion  of  the  project  or  if  the  board  of  directors 
of  the  district  should  determine  that  it  is  for  the  best  interests  of  the 
land  owners  in  the  district  to  acquire  property  or  construct  works  in 
connection  with  said  project  which  are  not  contemplated  and  covered 
by  the  original  plans  and  estimates  herein  provided  for,  the  board  of 
directors  is  authorized  to  levy  and  collect  a  special  and  additional  assess- 
ment in  the  manner  and  proportions  herein  provided  for  other  assess- 
ments sufficient  to  complete  the  project  or  to  acquire  the  property  or 
construct  the  works  desired  unless  the  estimated  cost  of  such  comple- 
tion of  the  project  or  acquisition  of  property  or  construction  of  works 
shall  in  the  aggregate  exceed  ten  per  cent  of  the  estimated  cost  of  the 
original  project  and  in  that  event  a  statement  of  the  work  necessary 
to  be  done  to  complete  the  project  and  the  estimated  cost  thereof  or 
descriptions  of  such  property  to  be  so  acquired,  or  additional  plans 
and  specifications  of  such  works,  as  the  case  may  be,  shall  be  prepared 
by  the  board  of  directors  and  filed  with  the  state  engineer  and  there- 
after the  board  of  directors  shall  call  a  special  election,  to  be  held 
within  said  district,  at  which  shall  be  submitted  to  the  owners  of 
assessed  lands  in  the  district  the  question  whether  or  not  the  said  prop- 
erty shall  be  acquired  or  the  additional  works  shall  be  constructed  in 
accordance  with  the  plans  so  prepared  as  the  case  may  be.  If  a  major- 
ity of  the  votes  cast  shall  be  in  favor  of  acquiring  the  property  or  con- 
structing the  works  the  board  of  directors  shall  proceed  to  levy  and 


96  CALIFORNIA    IRRIGATION    DISTRICT   LAWS, 

collect  an  assessment  covering  the  cost  thereof  in  the  manner  and  pro- 
portions herein  provided  for  other  assessments.  Such  election  shall  be 
conducted,  save  and  except  as  in  this  section  otherwise  specifically 
provided,  in  accordance  with  the  provisions  of  this  act  relating  to  other 
elections  in  the  district. 

Tdrpey   vs.    McClure,   190   Cal.    593. 

BONDS. 
Bonds,    when   and    in   what   manner   and    form   issued    and   how   validated, 
certified,  sold,  paid,  and  proceeds  accounted  for. 

Sec.  24.  "Whenever  in  any  water  storage  district  any  assessment 
has  been  levied  and  assessed  upon  the  lands  of  said  district  and  remains 
unpaid  in  whole  or  in  part,  and,  in  the  judgment  and  opinion  of  the 
board  of  directors  of  said  district,  it  shall  be  for  the  best  interest  of 
the  district  or  the  landowners  therein  to  issue  bonds  for  the  purpose  of 
obtaining  money  to  pay  the  costs  of  the  proposed  project,  the  indebted- 
ness of  the  district,  or  any  other  lawful  charge,  or  when  a  petition 
signed  by  the  owners  of  more  than  one-fourth  of  the  total  acreage  of 
the  assessed  land  in  the  district  requesting  it  is  filed  with  the  secretary 
of  said  board,  the  board  of  directors  of  such  district  shall  by  order 
entered  upon  the  records  of  said  board  order  a  special  election  to  be 
held  in  said  district,  at  which  special  election  shall  be  submitted  to  the 
owners  of  assessed  land  in  said  district  the  question  whether  or  not 
bonds  of  said  district  shall  be  issued  in  an  amount  equal  to  the  amount 
of  such  assessment,  or  the  part  of  such  assessment  remaining  unpaid, 
which  said  amount  shall  be  entered  by  said  board  of  directors  in  its 
records  and  stated  by  them  in  the  order  for  such  special  election. 

The  notice  of  such  special  election  must  state  in  addition  to  other 
statements  required  to  be  made  therein,  the  aggregate  face  value  of 
bonds  proposed  to  be  issued.  Only  owners  of  lands  which  have  been 
assessed  as  provided  herein  shall  be  qualified  to  vote  at  such  election. 
Such  election  shall  be  conducted,  save  and  except  as  in  this  section 
otherwise  specifically  provided,  in  accordance  with  the  provisions  of  this 
act  relating  to  other  elections  in  the  district. 

The  ballots  cast  at  such  election  shall  contain  the  words  "Bonds — 
Yes,"  or  the  w^ords  "Bonds — No,"  and  also  the  name  of  the  person 
casting  the  ballot,  with  the  number  of  votes  cast  by  him.  A  list  of  the 
ballots  cast  shall  be  made  by  the  board  of  election  containing  the  name 
of  each  voter,  and  if  the  ballot  be  cast  by  proxy  also  the  name  of  the 
person  casting  it,  and  the  number  of  votes  cast  by  each,  and  whether 
the  same  be  cast  for  or  against  the  issuing  of  the  bonds.  At  the  close 
of  the  polls  the  board  of  election  shall  at  once  proceed  to  canvass  the 
votes  and  declare  the  result  and  shall  deliver  a  certificate  showing  such 
result  and  the  number  of  votes  cast  for  and  against  the  issuing  of  such 
bonds  to  the  county  clerk  of  the  county,  and  shall  deliver  a  duplicate 
thereof  to  the  board  of  directors  of  the  district,  and  shall  also  deliver 
to  the  said  county  clerk  all  ballots  cast  at  such  election  within  said 
county  and  all  documents  and  papers  used  at  such  election,  and  except 
as  in  this  section  specifically  provided  the  provisions  of  this  act  with 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  9? 

reference  to  all  matters  pertaining  to  elections  shall  govern  and  con- 
trol. The  county  clerks  of  the  respective  counties  shall  immediately 
upon  receipt  of  the  ballots,  papers,  and  documents  from  the  board  of 
election  certify  to  the  board  of  directors  at  its  oflSce  a  statement  of  the 
result  of  said  election  held  in  each  of  said  counties,  with  a  statement 
of  the  number  of  votes  for  and  in  favor  of  the  proposition  of  ' '  Bonds — 
Yes"  and  opposed  "Bonds — No."  The  board  of  directors  shall  there- 
upon in  a  certificate  in  writing  recorded  in  their  minutes  declare  that 
the  proposal  to  issue  bonds  has  carried  or  has  been  defeated,  and  stat- 
ing therein  the  vote  cast  throughout  the  entire  district,  and  a  duplicate 
of  such  certificate  shall  be  immediately  transmitted  to  the  state 
engineer. 

If  a  majority  of  the  votes  cast  at  such  election  are  in  favor  of  the 
issuance  of  bonds,  the  board  of  directors  of  the  district  shall  cause 
bonds  in  the  amount  stated  in  the  order  for  the  election  to  be  executed 
and  delivered,  together  with  the  assessment  list  segregated  as  to  coun- 
ties within  said  district,  to  the  treasurer  of  said  district.  Said  bonds 
shall  be  of  the  denomination  of  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars  each ;  they  shall  be  signed  by  the  presi- 
dent of  the  board  of  directors  of  the  district  and  attested  by  the 
treasurer  of  said  district,  and  shall  be  numbered  consecutively  in  order 
of  their  maturity,  and  shall  bear  interest  at  a  rate  not  to  exceed  six 
and  one-half  per  cent  per  annum  payable  semiannually  on  the  first  day 
of  January  and  the  first  day  of  July  in  each  year  at  the  office  of  .said 
treasurer,  and  at  any  other  place  within  the  United  States  which  may 
be  designated  by  said  board,  upon  the  presentation  of  the  proper 
coupons  therefor.  Coupons  for  each  installment  of  interest  shall  be 
attached  to  said  bonds  and  shall  bear  the  facsimile  signature  of  the 
treasurer  of  said  district.  The  principal  of  said  bonds  shall  be  made 
payable  on  the  first  day  of  July,  or  the  first  day  of  January,  and  in 
such  years  as  the  directors  may  prescribe.  Said  bonds  shall  be  payable 
serially  within  forty  years  from  their  date  in  the  manner  following, 
to  wit : 

(1)  Not  less  than  ten  per  centum  of  the  aggregate  face  value  of 
such  bonds  issued  shall  be  payable  within  fifteen  years  from  their  date ; 

(2)  Not  less  than  two  and  one-half  per  centum  of  the  aggregate  face 
value  of  such  bonds  remaining  unpaid  at  the  end  of  fifteen  years  shall 
be  payable  each  year  beginning  with  the  sixteenth  year  from  their 
date,  until  the  whole  amount  of  said  bonds  has  been  paid. 

Said  bonds  shall  be  substantially  in  the  following  form: 

United  States  of  America 

State  of  California 

('Name)   water  storage  district. 
Xo ^  $ 

(Name)  water  storage  district  for  value  received  hereby  acknowl- 
edges itself  indebted  to  and  promises  to  pay  to  the  holder  hereof  at 
the  office  of  the  treasurer  of  said  district,  at  (place)  in  the  State  of 
California,  on  the  first  day  of ,  the  sum  of  $ in 


7—40508 


98  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

gold  coin  of  the  United  States  of  America,  with  interest  thereon  in 

like  gold  coin  from  date  hereof  until  paid,  at  the  rate  of 

per  cent  per  annum,  payable  at  the  office  of  said  treasurer,  or  at  (other 
designated  places),  semiannually  on  the  first  day  of  January  and  the 
first  day  of  July  in  each  year  on  presentation  and  surrender  of  the 
interest  coupons  hereto  attached,     This  bond  is  one  of  a  series  of 

—  bonds  of  like  tenor  and  effect  (except  as  to  denomination  and 

maturity),  numbered  from to inclusive,  amounting  in 

the  aggregate  to dollars,  issued  in  accordance  with  the 

provisions  of  an  act  known  as  "California  water  storage  district  act," 
duly  passed  and  adopted  (stating  when)  and  of  the  laws  of  the  State 
of  California,  pursuant  to  an  election  held  in  said  water  storage  dis- 
trict on  the day  of ,  authorizing  its  issuance,  and  based 

upon  and  secured  by  an  assessment  levied  on  the  lands  in  said  district, 
and  filed  in  the  office  of  the  county  treasurers  of  the  county  (or  coun- 
ties) of on  the day  of , ,  and 

the  said  water  storage  district  does  hereby  certify  and  declare  that  said 
election  was  duly  called  and  held  upon  due  notice,  and  the  result 
thereof  was  duly  canvassed  and  ascertained,  in  pursuance  of  and  in 
strict  conformity  with  the  laws  of  the  State  of  California  applicable 
thereto,  and  that  all  the  acts  and  conditions  and  things  required  by 
law  to  be  done,  precedent  to  and  in  the  issue  of  said  bonds  have  been 
done  and  have  been  performed  in  regular  and  in  due  form  and  in 
strict  accordance  with  the  provisions  of  the  law  authorizing  the  issu- 
ance of  water  storage  district  bonds. 

In  testimony  whereof,  the  said  district,  by  its  board  of  director'?,  has 
caused  this  bond  to  be  signed  by  the  president  of  said  board  and 
attested  by  the  treasurer  of  said  district,  with  the  official  seal  of  said 
district  affixed  this day  of 


President  of  said  board. 

Attest: 

Treasurer. 

And  the  interest  coupons  may  be  substantially  in  the  following 
form: 

No $ 

The  treasurer  of  (name)  water  storage  district,  California,  will  pay 

to  the  holder  hereof  on  the day  of , , 

at  his  office  at    (place  in  the  State  of  California,  or  at  designated 

places),  the  sum  of  $ ,  in  gold  coin  of  the  United  States,  out 

of  the  funds  of  (name)  water  storage  district  for  interest  on  bond  of 
said  district  numbered 

Treasurer. 

The  treasurer  of  said  district  shall  place  the  bonds  prepared  pursuant 
to  this  act  to  the  credit  of  the  district.  Therafter  when  directed  by 
resolution  of  the  board  of  directors  of  the  district,  the  treasurer  shall 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  99 

sell  the  whole  or  any  designated  number  of  said  bonds  for  the  best  price 
obtainable,  but  in  no  event  for  less  than  ninety  per  ceot  of  the  face  value 
of  said  bonds  and  the  accrued  interest  thereon.  Before  making  a  sale 
of  said  bonds,  notice  shall  be  given  by  the  said  treasurer  by  publication 
at  least  once  a  week  for  two  successive  weeks  in  the  county  in  which  the 
office  of  said  district  is  located,  that  he  will  sell  a  specified  amount  of 
said  bonds,  and  stating  the  day,  hour,  and  place  of  such  sale,  and  asking 
sealed  proposals  for  the  purchase  of  said  bonds,  or  any  part  thereof. 
At  the  time  appointed  said  treasurer  shall  open  the  bids  and  award  the 
bonds  to  the  highest  responsible  bidder.  The  treasurer  upon  written 
request  of  a  majority  of  the  directors  must  reject  any  or  all  bids.  Any 
sale  by  the  treasurer  and  delivery  of  the  bonds  thereunder  shall  be 
conclusive  evidence  in  favor  of  the  purchaser  and  all  subsequent  holders 
of  the  bonds  that  such  sale  was  made  upon  due  authority  and  notice. 
The  proceeds  of  sale  of  said  bonds  shall  be  placed  in  the  treasuries  of 
the  respective  counties  in  which  land  included  in  the  district  is  situate  to 
the  amount  of  the  unpaid  assessment  in  each  county  and  credited  to  the 
bond  fund  of  the  district,  and  a  proper  record  of  such  transaction  shall 
be  made  upon  the  books  of  said  treasurer.  At  any  time  within  thirty 
days  after  the  issue  of  any  bonds  as  the  result  of  such  election  an 
action  may  be  commenced  in  the  superior  court  of  any  said  counties  by 
the  board  of  directors  of  said  water  storage  district  in  the  name  of  the 
district  as  plaintiff,  and  the  defendants  shall  be  described  as  *'all  per- 
sons claiming  any  interest  in  any  lands  within  the  said  (name)  water 
storage  district,"  to  have  it  determined  that  said  bonds  are  a  legal 
obligation  of  such  water  storage  district,  and  in  the  event  no  such  action 
is  brought  then  the  same  may  be  commenced  by  any  land  owner  in  the 
district  within  thirty  days  after  the  expiration  of  the  period  within 
which  said  action  might  have  been  brought  by  the  board  of  directors. 
It  shall  be  sufficient  to  describe  said  lands  as  all  lands  in  the  district 
(naming  it)  without  a  more  specific  description.  The  summons  shall 
be  published  once  a  week  for  two  successive  weeks  in  the  county  where 
the  action  is  pending.  Within  thirty  days  after  the  first  publication  of 
summons  any  owner  of  land  in  such  district  or  any  person  interested 
may  appear  and  answer  the  complaint,  which  answer  shall  set  forth  the 
facts  relied  upon  to  show  the  invalidity  of  said  bonds.  The  default  of 
all  defendants  not  so  appearing  may  be  entered.  Such  action  shall  be 
given  precedence  in  hearing  and  trial  over  all  other  civil  actions  in  such 
court,  and  judgment  rendered  declaring  such  matter  so  contested  either 
valid  or  invalid.  Any  party  not  in  default  may  have  the  right  to  appeal 
to  the  supreme  court  within  thirty  days  after  the  entry  of  judgment. 
Judgment  for  the  plaintiff  in  such  proceedings  shall  be  considered  as  a 
judgment  in  rem  and  shall  be  conclusive  against  said  district  and  against 
all  lands  therein,  and  all  owners  thereof  and  other  interested  persons. 

All  moneys  collected  by  a  county  treasurer  upon  any  assessment  upon 
which  bonds  shall  have  been  issued,  including  all  moneys  derived  from 
sale  of  land  for  delinquent  installments,  or  from  redemption  thereof,  or 
from  sale  of  lands  bought  by  such  treasurer  at  any  such  sale  as  trustee 
of  the  bond  fund  of  the  district,  shall  be  by  such  treasurer  forthwith 
paid  into  the  county  treasury  of  the  county  from  which  the  same  arose 


100  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

to  the  credit  of  the  bond  fund  of  such  water  storage  district,  and  shall 
be  used  exclusively  for  the  payment  of  principal  and  interest  of  said 
bonds  issued  on  such  assessment. 

Whenever  the  board  of  directors  shall  by  resolution  declare  that  it 
deems  it  desirable  that  any  contemplated  or  outstanding  bonds  of  a 
water  storage  district  organized  under  this  act,  including  any  bonds  of 
such  district  authorized  but  not  sold,  shall  be  made  available  for  the 
purpose  provided  for  in  section  seven  of  an  act  of  the  legislature  of  the 
State  of  California  entitled  "An  act  relating  to  bonds  of  irrigation 
districts,  providing  under  what  circumstances  such  bonds  shall  be  legal 
investments  for  funds  of  banks,  insurance  companies,  and  trust  com- 
panies, trust  funds,  state  school  funds  and  any  money  or  funds  which 
may  now  or  hereafter  be  invested  in  bonds  of  cities,  cities  and  counties, 
counties,  school  districts  or  municipalities,  and  providing  under  what 
circumstances  the  use  of  bonds  of  irrigation  districts  as  security  for 
the  performance  of  any  act  may  be  authorized,"  approved  June  13, 
1913,  as  amended,  the  said  board  of  directors  shall  thereupon  file  a 
certified  copy  of  such  resolution  with  the  commission  created  by,  and 
provided  for  in,  said  act  of  June  13,  1913,  which  commission,  and  the 
state  controller  in  connection  therewith,  are  hereby  given  the  same 
power  and  authority  in  respect  of  the  investigation  and  certification  of 
bonds  issued  under  this  act  as  is  given  to  them  in  respect  of  the  investi- 
gation and  certification  of  irrigation  district  bonds  by  said  act,  as 
amended,  except  as  the  same  may  be  limited  by,  or  inconsistent  with, 
any  provision  of  this  act,  and  bonds  of  water  storage  districts  provided 
for  in  this  act  which  have  been  so  investigated  and  certified  and  by 
authority  of  such  investigation  and  certification  are  declared  to  be  legal 
investments  for  the  purposes  stated  in  said  act  of  June  13,  1913,  as 
amended,  may  be  lawfully  purchased,  or  received  in  pledge  for  loans  by 
savings  banks,  trust  companies,  insurance  companies,  guardians, 
executors,  administrators,  and  special  administrators,  or  by  any  public 
oflScer  or  ofiicers  of  this  state  or  of  any  county,  city,  or  city  and  county, 
or  other  municipal  or  corporate  body  within  this  state  having  or  holding 
funds  which  they  are  allowed  by  law  to  invest  or  loan ;  provided,  how- 
ever, that  where  said  irrigation  district  bond  commission  has  passed 
upon  one  issue  of  bonds  of  districts  formed  hereunder,  that  all  subse- 
quent issues  of  said  districts  shall  be  submitted  to  said  commission  as  in 
said  act  provided. 

The  lien  of  any  unpaid  assessment  upon  which  bonds  shall  have  been 
issued  shall  continue  until  all  said  bonds  shall  have  been  paid  in  full, 
and  if  for  any  reason  any  part  of  the  principal  or  interest  of  said  bonds 
shall  remain  unpaid  after  enforcement  of  said  assessment  as  in  this  act 
provided,  the  board  of  directors  shall  order  an  additional  or  supple- 
mental assessment  to  be  made  as  provided  in  this  act  sufficient  to  pay 
such  unpaid  principal  and  interest;  which  additional  or  supplemental 
assessment  shall  be  enforced  and  collected  in  the  same  manner  as  the 
original  assessment. 

If  any  district  having  authorized  the  issuance  of  a  series  of  bonds 
shall  issue  an  additional  series  of  bonds  based  on  another  assessment, 
the  dates  of  maturity  of  such  additional  series  of  bonds  shall  be  such 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  101 

that  the  latest  maturities  thereof  shall  not  exceed  fifty  years  and  the 
earliest  maturity  of  bonds  of  such  additional  series  shall  be  later  than 
the  latest  maturity  of  bonds  of  any  earlier  series.  All  provisions  of  this 
section  relative  to  the  original  issue  of  bonds  shall  apply  to  such  addi- 
tional series  of  bonds. 

Upon  a  sale  of  any  of  the  bonds  provided  herein  the  treasurer  of  the 
district  is  hereby  authorized  to  accept  in  payment  for  said  bonds,  either 
in  whole  or  in  part,  outstanding  warrants  of  such  district  at  their  face 
value,  together  with  the  accrued  interest  thereon. 

Where  bonds  of  the  district  have  been  authorized  to  be  issued  on  such 
assessments  all  unpaid  assessments  shall  bear  interest  at  the  rate  of 
seven  per  cent  per  annum  from  the  date  of  the  bonds  issued  thereon 
until  such  bonds  shall  have  been  fully  paid  and  discharged,  and  the 
interest  due  at  any  time  on  said  unpaid  assessments  may  be  called 
without  calling  any  installment  of  the  said  assessment.  The  word  install- 
ment as  used  in  this  section  shall  be  construed  as  applying  to  interest 
as  well  as  to  principal  as  the  case  may  be. 

At  least  ninety  days  before  any  interest  date  of  the  bonds,  the 
treasurer  of  the  district  shall  certify  to  the  county  treasurer  of  each 
county  in  which  lands  of  the  district  are  situated  an  estimate  of  the 
amount  of  the  amount  of  money  and  the  percentage  of  the  assessment 
together  with  the  interest  thereon,  or  only  of  the  interest,  necessary  to 
pay  interest  and  principal  or  the  interest  maturing  on  such  interest  date 
after  crediting  thereon  the  funds  in  the  treasury  applicable  to  the  pay- 
ment thereof  to  be  collected  by  such  county  treasurer,  and  shall  add 
thereto  fifteen  per  cent  of  such  aggregate  sum  to  cover  possible  delin- 
quencies, and  each  said  county  treasurer  shall  thereupon  cause  to  be 
published,  once  a  week  for  two  successive  weeks  in  the  county  of  which 
he  is  county  treasurer,  a  notice  substantially  in  the  following  form : 

(Name  of  water  storage  district).  Notice  is  hereby  given  that  an 
installment  of  assessment  (describing  it)  or  (amount  or  proportion 
thereof  including  interest  thereon  or  only  for  interest)  is  payable  within 
thirty  days  from  date  by  all  assessed  landowners  of  said  district  in  the 
county  of  (name  of  county)  to  the  treasurer  of  said  county.  All  or  any 
part  of  said  installment  of  interest  which  remains  unpaid  on  the  (day 
fixed)  will  be  delinquent,  together  with  accrued  interest  thereon,  with 
ten  per  cent  of  such  installment  and  interest  added  as  penalty. 

Dated: 

(Signed) 

Treasurer  of County. 

If  no  newspaper  is  published  in  said  county,  such  publication  shall 
be  made  in  a  newspaper  published  in  an  adjoining  county.  If  any  part 
of  such  installment  or  any  interest  thereon  shall  remain  unpaid  at  the 
expiration  of  thirty  days  from  the  date  of  said  notice,  it  shall  become 
delinquent  and  ten  per  cent  of  the  unpaid  amount  of  said  installment 
and  interest  shall  be  added  thereto  and  collected  by  said  county 
treasurer.    When  any  installment  shall  have  become  delinquent,  said 


102  CALIFORNIA   IRRIGATION  DISTRICT   LAWS. 

treasurer  shall,  within  ten  days,  publish  in  said  county  once  a  week  for 
two  successive  weeks  a  notice  containing  a  description  of  each  parcel  of 
land  assessed  in  the  district  in  said  county  wherein  such  installment  is 
delinquent,  as  such  description  appears  on  the  assessment  list,  the  name 
of  the  person  to  whom  it  is  assessed,  to  unknown  owners,  if  such  is  the 
fact;  the  amount  of  the  installment  delinquent  on  such  parcel,  the 
amount  of  interest  thereon  reckoned  to  the  day  of  sale,  the  amount  of 
said  ten  per  cent  penalty  thereon,  and  a  notice  that  each  of  said  parcels 
will  be  sold  at  public  auction  by  said  county  treasurer  in  front  of  the 
courthouse  of  said  county,  at  a  specified  day  and  hour,  which  shall  not 
be  less  than  thirty  nor  more  than  sixty  days  from  the  date  of  delin- 
quency, to  pay  said  delinquent  installment,  with  said  accrued  interest 
and  penalty.  At  the  time  stated  in  said  notice,  the  county  treasurer 
shall  sell  each  parcel  of  land  described  in  said  notice  to  the  highest  bid- 
der, unless  prior  thereto  he  shall  have  received  payment  in  full  of  said 
delinquent  installment,  together  with  interest  and  penalty.  No  bid  for 
any  parcel  shall  be  accepted  less  than  the  aggregate  sum  then  due  on 
said  installment  thereon  with  interest  and  penalty,  and  such  sale  shall 
be  made  for  cash,  except  the  treasurer  may  receive  from  any  purchaser 
at  their  face  value  in  lieu  of  cash  bonds  of  said  district  or  their  interest 
coupons,  issued  on  said  assessment  and  then  matured  or  to  mature 
within  sixty  days  after  such  sale.  Any  bond  or  coupon  so  received  in 
payment  shall  be  by  the  county  treasurer  forthwith  canceled  and  filed  in 
the  office  of  the  treasurer  of  the  district.  If  the  entire  amount  of  such 
bond  or  coupon  tendered  in  payment  shall  not  be  required  to  complete 
payment  of  the  purchase  money,  the  county  treasurer  shall  endorse 
thereon  as  paid  the  amount  of  such  purchase  money  credited  thereon. 
If  no  bid  is  made  for  any  parcel  at  such  sale  equal  to  the  amount  of 
the  installment  delinquent  thereon,  with  interest  and  penalty,  the  county 
treasurer  shall  bid  in  and  sell  said  parcel  to  himself  and  his  successors 
in  office,  as  trustee  of  the  bond  fund  of  said  district,  as  purchaser,  for 
the  amount  of  said  installment,  interest,  and  penalty.  The  county 
treasurer  shall  execute  to  each  purchaser,  including  himself  as  trustee 
a  certificate  of  sale,  and  shall  record  a  duplicate  in  the  county  recorder 's 
office.  Any  person  interested  in  the  said  property  may  redeem  the 
same  at  any  time  within  three  years  after  the  date  of  sale  by  paying 
to  the  county  treasurer  for  such  purpose  a  sum  equal  to  the  purchase 
price  stated  in  the  certificate,  with  interest  thereon  at  the  rate  of  twelve 
per  cent  per  annum  from  the  date  of  sale  to  such  redemption.  If  no 
redemption  shall  be  made  within  three  years,  the  said  county  treasurer 
upon  demand  and  surrender  of  such  certificate  of  purchase,  shall 
execute  to  the  purchaser,  his  heirs  or  assigns,  a  deed  of  conveyance  of 
the  parcel  of  land  described  in  such  certificate,  which  deed  shall  convey 
to  the  grantee  therein  named  the  said  land  free  and  clear  of  all  encum- 
brances, except  state,  county  and  municipal  taxes,  assessments  or  taxes 
levied  or  assessed  by  or  under  statutory  authority,  and  any  water  stor- 
age district  assessment,  or  portion  thereof,  remaining  unpaid  at  the  date 
of  said  sale  each  installment  whereof  may  be  called  and  collected  as 
herein  provided,  except  that  no  parcel  sold  and  conveyed  to  the  district 
shall  thereafter  be  subject  to  sale  by  the  county  treasurer  for  delinquent 
installments.  Every  deed  by  a  county  treasurer  purporting  to  be 
executed  under  this  section  shall  be  prima  facie  evidence  of  the  truth  of 
the  matters  therein  recited,  and  of  ownership  by  the  grantee  of  the  lands 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  103 

therein  described.  The  county  treasurer  of  each  county  shall  credit 
to  the  bond  fund  of  the  district  all  moneys  collected  by  him  by  sale  or 
otherwise,  upon  assessments  against  which  bonds  shall  have  been  issued, 
including  interest  and  penalties,  and  he  shall  likewise  credit  to  said 
fund  the  amounts  of  purchase  money  paid  in  bonds  or  coupons  on  sales 
made  under  said  assessment.  Each  county  treasurer  shall  charge  to  the 
general  fund  of  the  district,  or  to  the  bond  fund  if  he  has  no  money  to 
the  credit  of  the  general  fund,  the  expense  of  publication  of  notices  and 
of  recording  certificates  of  sale,  and  shall  notify  the  treasurer  of  the 
district  thereof.  The  county  treasurer  shall  transmit  to  the  treasurer 
of  the  district  all  canceled  bonds  and  coupons  received  in  payment  on 
any  delinquent  sale,  and  a  memorandum  of  all  sums  endorsed  as  paid 
upon  account  of  purchase  money  on  any  bonds  or  coupons,  specifying 
the  same.  All  moneys  collected  by  any  county  treasurer  upon  account 
of  an  assessment  on  which  bonds  shall  not  have  been  issued  shall  be 
similarly  accounted  for  to  the  treasurer  of  the  district,  and  shall  be 
credited  to  the  general  fund  of  the  district.  Any  parcel  of  land  bid  in 
and  purchased  by  any  county  treasurer  as  aforesaid,  as  trustee  of  the 
bond  fund  of  the  district,  may  be  sold  and  conveyed  by  him  or  his 
successor  in  office  at  any  time  after  the  expiration  of  said  redemption 
period  of  three  years,  at  public  or  private  sale  and  with  or  without 
notice,  to  any  person  paying  him  the  amount  for  which  said  parcel  was 
bid  in  by  said  treasurer  at  delinquent  sale,  with  interest  thereon  at  the 
rate  of  seven  per  cent  per  annum,  compounded  yearly,  from  the  date  of 
said  delinquent  sale,  and  also  the  amount  of  all  subsequent  installments 
then  delinquent,  with  accrued  interest  and  penalties  thereon.  Such 
payment  may  be  made  either  in  cash  or  in  matured  bonds  and  coupons 
issued  on  said  assessment,  taken  at  their  face  value,  and  such  treasurer 
shall  execute  a  deed  to  such  purchaser  upon  such  sale,  conveying  said 
property  free  of  encumbrances,  except  as  hereinbefore  provided  for 
deeds  where  no  redemption  is  made.  If  any  land  so  held  by  a  county 
treasurer  as  trustee  of  the  bond  fund  of  a  district  shall  remain  unsold 
after  the  final  installment  of  the  assessment  shall  have  been  collected  by 
payment  or  sale,  then  each  such  treasurer  shall  sell  all  said  land  so  held 
by  him  at  public  auction  to  the  highest  bidder  for  cash,  notice  of  which 
sale  shall  be  given  by  publication  once  a  week  for  two  successive  weeks 
in  some  newspaper  published  in  the  county  in  which  said  land  is 
situated,  and  shall  deposit  the  proceeds  of  such  sale  in  the  treasury  of 
the  county  to  the  credit  of  the  bond  fund  of  the  district.  Any  balance 
remaining  in  such  bond  fund,  after  payment  in  full  of  the  principal 
and  interest  of  all  outstanding  bonds  of  the  district,  shall  be  by  the 
treasurer  transferred  to  the  general  fund  of  the  district.  The  county 
treasurer  of  each  of  the  several  counties  shall  report  all  transactions  of 
delinquencies  and  sales  to  the  treasurer  of  the  district  who  shall  keep  a 
record  thereof  in  the  office  of  the  district.     (Stats.  1923,  p.  952.) 

POWERS  AND  DUTIES  OF  BOARD  OF  DIRECTORS. 

General  powers. 

Sec.  25.  The  board  of  directors  shall  have  the  power  and  it  shall  be 
its  duty  to  manage  and  conduct  the  business  and  affairs  of  the  district ; 
to  adopt  a  seal ;  to  make  and  execute  all  necessary  contracts ;  to  employ 
and  appoint  such  agents,  officers,  and  employees  as  may  be  required. 


104  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

and  prescribe  their  duties.  The  board  and  its  agents  shall  have  the 
right  to  enter  upon  any  lands  to  make  surveys,  locate  works,  or  for  any 
other  necessary  and  lawful  purpose.  The  board  shall  have  the  power 
to  construct,  maintain,  improve,  and  operate  the  necessary  dams,  reser- 
voirs, canals,  and  works  for  the  storage  and  distribution  of  water,  and 
any  drainage  or  reclamation  works  connected  therewith,  and  to  provide 
for  the  generation  and  distribution  of  hydro-electric  energy  incidental 
to  such  storage  and  distribution  and  shall  have  the  power  to  sell,  dis- 
tribute, or  otherwise  dispose  of,  such  water,  water  rights,  and  hydro- 
electric energy  as  may  not  be  necessary  for  the  uses  and  purposes  of 
said  district.  The  board  shall  also  have  the  right  to  acquire  by  pur- 
chase, lease,  contract,  or  other  legal  means,  all  lands,  waters,  water 
rights,  or  any  use  thereof  or  interest  therein,  and  any  other  property  or 
rights  by  it  deemed  necessary  for  the  construction,  maintenance, 
improvement,  and  operation  of  the  works  or  the  carrying  out  of  the 
project  of  the  district,  whether  the  same  be  in  this  or  another  state  or 
foreign  nation,  including  the  property  and  rights  of  private  owners, 
and  stocks  of  other  corporations  domestic  or  foreign,  and  may  give  in 
payment  therefor  bonds  of  such  district  upon  such  terms  and  conditions 
as  the  board  of  directors  may  deem  best;  provided,  Jiowfver,  that  no 
bonds  shall  be  so  used  at  a  valuation  less  than  ninety  per  cent  of  the 
face  value  of  the  same  and  the  accrued  interest  thereon.  Said  board 
may  also  enter  into,  and  do  any  acts  necessary  or  proper  for  the  per- 
formance of,  any  agreement  with  the  United  States  or  with  any  state, 
county,  district,  public  corporation,  or  municipality  of  any  kind,  for  a 
purpose  appertaining  to  or  beneficial  to  the  project  of  the  district,  and 
may  acquire  the  right  to  store  water  in  any  reservoir,  or  to  carry  water 
through  any  canal,  ditch,  or  conduit  within  or  without  this  state  not 
owned  or  controlled  by  the  district  and  may  grant  to  the  owner  or 
lessee  of  a  right  to  the  use  of  any  water  permission  to  store  such  water 
in  any  reservoir  of  the  district  or  to  carry  such  water  through  any  canal, 
ditch,  or  conduit  of  the  district.  The  said  board  is  hereby  authorized 
and  empowered  to  take  conveyances,  leases,  contracts,  or  other  assur- 
ances for  all  property  acquired  by  it  under  the  provisions  of  this  act,  in 
the  name  of  such  district,  to  and  for  the  uses  and  purposes  herein 
expressed,  and  to  institute  and  maintain  any  and  all  actions  and  pro- 
ceedings, suits  at  law,  or  in  equity  necessary  or  proper  in  order  to  fully 
carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain,  protect  or 
preserve  any  and  all  rights,  privileges,  and  immunities  created  by  this 
act  or  acquired  in  pursuance  thereof.  All  contracts  and  other  docu- 
ments executed  by  the  board  shall  be  signed  by  the  president  and  by  the 
secretary.  And  in  aU  actions,  suits  or  proceedings,  the  said  board  may 
sue,  appear,  and  defend  in  person  or  by  attorneys,  and  in  the  name  of 
such  district.  The  board  of  directors  shall  have  power  whenever  it 
deems  it  necessary  for  its  own  guidance  or  for  the  best  interests  of  the 
district  to  submit  any  question  or  proposition  relating  to  the  construc- 
tion, maintenance,  improvement,  or  operation  of  the  works  or  the  carry- 
ing out  of  the  project  of  the  district,  to  the  qualified  voters  of  the  dis- 
trict at  any  general  election  or  at  a  special  election  called  for  the 
purpose,  which  election  shall  be  in  all  respects  conducted  as  is  provided 
for  other  elections  in  the  district.     The  said  board  shall  have  power 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  105 

generally  to  perform  all  such  acts  as  may  be  necessary  to  fully  carry 
out  the  purposes  of  this  act.     (Stats.  1923,  p.  960.) 

Power  of  condemnation. 

Sec.  26.  The  board  of  directors  shall  have  the  right  and  power  to 
acquire  by  condemnation  all  lands,  waters,  water  rights,  or  any  use 
thereof  or  interest  therein,  and  any  other  property  or  rights  by  it 
deemed  necessary  for  the  construction,  maintenance,  improvement,  and 
operation  of  the  works,  or  the  carrying  out  of  the  project  of  the  district. 
In  case  of  condemnation  proceedings  the  board  shall  proceed  in  the 
name  of  the  district  under  the  provisions  of  section  fourteen  of  article 
one  as  amended  of  the  constitution  of  the  State  of  California,  and  title 
seven,  part  three  of  the  Code  of  Civil  Procedure  of  California  and  all 
pleadings,  proceedings,  and  process  in  said  title  provided  shall  be 
applicable  to  the  condemnation  proceeding  hereunder. 

Construction  and  maintenance  of  works. 

Sec.  27.  The  board  of  directors  shall  proceed  to  carrj'  out  the 
project  of  the  district  in  accordance  with  the  plans  and  specifications  of 
the  duly  approved  and  adopted  report  of  said  board.  Before  making 
any  contract  for  the  construction  of  any  works  in  carrying  out  said 
project,  or  for  the  subsequent  maintenance,  improvement,  or  operation 
thereof,  said  board  shall  advertise  for  bids.  When  such  work  is  to  be 
done  said  board  shall  give  notice  by  publication  thereof  iu  the  county 
in  which  the  office  of  the  board  is  located  once  a  week  for  four  suc- 
cessive weeks,  calling  for  bids  for  the  same.  If  less  than  the  whole 
work  provided  for  in  said  plans  and  specifications  is  to  be  done  and 
advertised,  the  portion  to  be  done  must  be  particularly  described  in 
such  notice.  Said  notice  shall  set  forth  that  plans  and  specifications  of 
the  work  to  be  done  can  be  seen  at  the  office  of  the  board,  and  that  the 
board  will  receive  sealed  proposals  therefor,  and  that  the  contract  will 
be  let  to  the  lowest  responsible  bidder,  stating  the  time  and  place  for 
opening  said  proposals,  which,  at  the  time  and  place  appointed  shall  be 
opened  in  public ;  and  as  convenient  thereafter  the  board  shall  let  said 
work  either  in  portions  or  as  a  whole,  to  the  lowest  responsible  bidder; 
or  it  may  reject  any  or  all  bids  and  readvertise  for  proposals  or  may 
proceed  to  construct  the  work  under  its  own  superintendence;  pro- 
vided, that  in  case  of  emergency  or  urgent  necessity  the  board  of 
directors,  by  unanimous  vote  of  those  present  at  any  regular  or  special 
meeting,  may  award  contracts  without  advertising  for  bids,  but  the 
amount  of  any  contract  so  awarded  shall  not  exceed  ten  thousand  dol- 
lars. Contracts  for  the  purchase  of  materials  only  shall  be  awarded 
to  the  lowest  responsible  bidder.  Any  person  or  persons  to  whom  a 
contract  may  be  awarded  shall  enter  into  a  bond,  with  good  and  suf- 
ficient sureties,  to  be  approved  by  the  board,  payable  to  said  district  for 
its  use,  for  twenty-five  per  cent  of  the  amount  of  the  contract  price, 
conditioned  for  the  full  and  faithful  performance  of  said  contract. 
The  work  shall  be  done  under  the  direction  and  to  the  satisfaction  of, 
and  be  approved  by  the  board. 


106  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

Payment  of  claims. 

Sec.  28.  All  claims  against  the  district  shall  be  paid  by  warrants  of 
said  district.  To  provide  a  fund  for  that  purpose  the  board  of  directors 
may  from  time  to  time  draw  from  the  general  fund  deposited  and  kept 
to  the  credit  of  the  district  in  the  office  of  the  county  treasurer  of  a 
county  having  funds  belonging  to  the  district  in  his  possession  such 
sums  as  may  be  necessary  for  said  purpose,  which  said  sums  shall  be 
deposited  with  the  treasurer  of  the  district  and  paid  out  by  him  upon 
warrants  of  the  district,  and  he  shall  report  to  the  board  of  directors 
in  writing  at  its  regular  meeting  in  each  month  the  amount  of  money 
in  the  district  treasury  and  the  amount  of  receipts  and  the  amount 
and  items  of  expenditures  for  the  month  preceding,  which  said  report 
shall  be  verified  and  filed  with  the  secretarv  of  the  board.  (Stats. 
1923,  p.  961.) 

Reports  to  state  engineer  of  work  done. 

Sec.  29.  During  the  construction  of  any  works  in  carrying  out  the 
project  of  any  water  storage  district  the  board  of  directors  of  such 
district  shall,  within  one  week  after  each  regular  meeting  of  said  board, 
forward  to  the  state  engineer  a  report  of  the  progress  of  such  con- 
struction together  with  a  statement  of  the  amount,  or  amounts,  paid  for 
the  doing  of  such  work.  The  board  of  directors  at  their  regular 
monthly  meeting  in  Januarj^  of  each  year  shall  render  and  immediately 
thereafter  cause  to  be  published  in  the  county  where  the  office  of  said 
board  is  situated  at  least  once  a  week  for  two  successive  weeks  a  verified 
statement  of  the  financial  condition  of  the  district,  showing  particu- 
larly the  receipts  and  disbursements  of  the  last  preceding  year,  together 
with  the  source  of  such  receipts  and  purpose  of  such  disbursements. 
Immediately  after  the  publication  of  said  statement  the  board  of 
directors  shall  cause  a  copy  thereof  accompanied  by  a  report  stating 
the  progress  of  the  work  under  construction  and  the  general  condition 
of  the  project  and  whether  or  not  the  same  is  being  successfully  and 
satisfactorily  carried  out,  and  any  other  matter  which  the  board  may 
deem  proper,  to  be  filed  with  the  state  engineer,  who  shall  examine  said 
statement  and  report  and  make  to  the  board  of  directors  such  recom- 
mendations and  comments  as  he  may  deem  proper  and  may  publish 
said  recommendations  and  comments  in  such  manner  as  may  be  deemed 
advisable.  Said  state  engineer  may  at  any  time  make  or  cause  to  be 
made  an  examination  of  the  affairs  of  any  water  storage  district  within 
the  state  or  call  upon  the  board  of  directors  of  such  district  for  such 
information  as  he  may  desire,  and  may  make  and  publish  such  report 
thereon  as  he  may  deem  advisable. 

Right  of  way  privileges. 

Sec.  30.  The  board  of  directors  shall  have  power  to  construct  the 
said  works  across  or  intersecting  any  stream  of  water,  water-course, 
street,  avenue,  highway,  railway,  canal,  ditch,  or  flume,  in  such  manner 
as  to  afford  security  for  life  and  property ;  but  said  board  shall  restore 
the  same,  when  so  crossed  or  intersected,  to  its  former  state  as  near  as 
may  be,  or  in  a  sufficient  manner  not  to  have  impaired  unnecessarily 
its  usefulness;  and  every  company  whose  railroad  shall  be  intersected 
or  crossed  by  said  works  shall  unite  with  said  board  in  forming  said 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  107 

intersections  and  crossings,  and  grant  the  privileges  aforesaid;  and  if 
such  railroad  company  and  said  board,  or  the  owners  and  controllers 
of  said  property,  thing,  or  franchise  to  be  so  crossed,  can  not  agree  upon 
the  amount  to  be  paid  therefor,  or  the  points  or  the  matter  of  said 
crossings  or  intersections,  the  same  shall  be  ascertained  and  determined 
in  all  respects  as  is  herein  provided  in  respect  to  the  taking  of  land. 
The  right  of  way  is  hereby  given,  dedicated,  and  set  apart  for  the 
location,  construction,  and  maintenance  of  said  works  over  and  through 
any  of  the  lands  which  are  now  or  may  be  the  property  of  this  state; 
and  also  there  is  given,  dedicated,  and  set  apart,  for  the  uses  and  pur- 
poses aforesaid,  all  waters  and  water  rights  belonging  to  this  state 
within  the  district. 

Compensation  of  officers. 

Sec.  31.  The  members  of  the  board  of  directors  when  sitting  as  a 
board  or  acting  under  the  orders  of  the  board,  shall  each  receive  not  to 
exceed  ten  dollars  per  day  and  ten  cents  per  mile  for  each  mile  actually 
traveled  from  his  place  of  residence  to  the  office  of  the  board,  and 
actual  and  necessary  expenses  paid  while  engaged  in  official  business 
under  the  order  of  the  board.  The  board  shall  fix  the  compensation  to 
be  paid  to  all  other  officers  and  employees  named  in  this  act,  to  be 
paid  out  of  the  treasury  of  the  district,  except  as  herein  otherwise 
provided. 

Officers  not  to  be  interested  in  contracts. 

Sec.  32.  No  director  or  any  other  officer  named  in  this  act  shall  in 
any  manner  be  interested,  directly  or  indirectly,  in  any  contract 
awarded  or  to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived 
therefrom;  and  for  any  violation  of  this  provision,  such  officer  shall  be 
deemed  guilty  of  a  misdemeanor,  and  conviction  shall  work  a  forfeiture 
of  his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 

Incurring  indebtedness. 

Sec.  33.  The  board  of  directors  or  other  officers  of  the  district 
shall  have  no  power  to  incur  any  debt  or  liability  whatever,  either  by 
issuing  bonds  or  otherwise,  in  excess  of  the  express  provisions  of  this 
act ;  and  any  debt  or  liabilitj^  incurred  in  excess  of  such  provisions  shall 
be  and  remain  absolutely  void ;  provided,  that  nothing  contained  in  this 
section  shall  be  construed  as  limiting  the  right  of  the  board  to  enter  into 
any  contract  for  the  use  of  or  lease  for  any  lands,  water,  water  rights, 
or  other  property,  as  in  this  act  provided,  and  by  such  lease  or  contract 
to  bind  the  district  for  the  payment  of  the  rental  or  consideration 
specified  in  such  lease  or  contract. 

Distribution  of  water  under  certain  conditions. 

Sec.  34.  In  the  event  the  volume  of  the  water  under  the  control  of 
the  district  is  so  diminished  that  the  distribution  thereof  in  accordance 
with  the  apportionment  of  such  water  as  finally  made  and  approved 
by  the  adjustment  board  as  prescribed  in  section  nineteen  of  this  act, 
will  not,   in  the  judgment  of  the  board   of  directors,  result   in  an 


108  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

economical,  efficient,  and  beneficial  use  of  such  water,  said  board  shall 
have  the  power  to  distribute  in  a  just  and  equitable  manner  the  water 
available,  in  such  manner,  at  and  for  such  times,  and  in  such  quantities, 
as  in  the  judgment  of  said  board,  will  best  promote  the  interests  of  said 
district,  due  regard  being  had  to  the  rights  of  the  respective  parties 
thereto  as  determined  by  the  assessment  and  apportionment  of  the  com- 
missioners provided  for  in  section  nineteen  of  this  act  as  equalized  by 
the  adjustment  board  provided  for  in  said  section.  (Stats.  1923, 
p.  962.) 

GENERAL  ELECTIONS. 
Establishment  of  precincts. 

Sec.  35.  The  board  of  directors  of  a  water  storage  district  shall 
establish  a  convenient  number  of  election  precincts  in  the  district  and 
define  the  boundaries  thereof  and  at  least  one  such  precinct  must  be 
established  for  each  division  of  the  district,  and  said  board  whenever 
it  is  deemed  advisable  for  the  best  interests  of  the  district  and  the 
convenience  of  the  voters  may  at  any  time,  but  not  less  than  sixty  days 
before  an  election  to  be  held  in  the  district,  change  the  boundaries  of 
any  such  election  precinct,  which  changes  when  made  must  be  entered 
upon  the  minutes  of  the  board. 

Qualification  of  voters. 

Sec.  36.  Only  the  holders  of  title  or  evidence  of  title  to  lands  situ- 
ated within  the  district  shall  be  entitled  to  vote  at  a  general  election, 
and  every  such  holder  of  title  or  evidence  of  title  shall  be  entitled  to 
vote,  in  person  or  as  hereinafter  provided,  in  each  precinct  in  which 
any  of  the  lands  so  owned  by  him  are  situated  and  to  cast  one  vote  for 
each  one  hundred  dollars',  or  fraction  thereof,  worth  of  land  in  said 
precinct  so  owned  by  him.  Each  male  or  female  voter  over  the  age  of 
twenty-one  years  shall  be  entitled  to  vote  in  person  or  by  proxy.  Any 
guardian,  administrator,  or  executor,  of  a  person  or  estate  owning  land 
within  the  district  shall  be  considered  the  holder  of  title  or  evidence 
of  title  to  such  lands  for  the  purposes  of  this  act,  where  the  owner  in 
fee  is  not  entitled  to  vote.  Any  corporation  holding  title  or  evidence 
of  title  to  lands  within  the  district  shall  be  entitled  to  vote  as  such  land 
owner  through  any  officer  or  agent  thereunto  duly  authorized  in  writ- 
ing under  the  seal  of  the  corporation.  Ent^^'men  upon  public  lands 
situated  within  the  district  shall  be  considered  as  the  holders  of  title 
or  evidence  of  title  to  such  lands  for  the  purposes  of  this  act.  No 
person  shall  vote  by  proxy  unless  his  authority  to  cast  such  vote  shall 
be  evidenced  by  an  instrument  in  writing  duly  acknowledged  and 
certified  in  the  same  manner  as  grants  of  real  property  and  filed  with 
the  board  of  election.     (Stats.  1923,  p.  962.) 

Elections,  when  held ;  officers  to  be  elected. 

Sec.  37.  An  election,  which  shall  l)e  known  as  the  general  water 
storage  district  election,  shall  be  held  in  each  water  storage  district  ou 
the  first  Wednesday  in  February  in  each  odd-numbered  year,  at  which 
a  successor  shall  be  chosen  to  each  officer  whose  term  shall  expire  in 
March  next  thereafter.  The  person  receiving  the  highest  number  of 
votes  for  each  office  to  be  filled  at  such  election  shall  be  elected  thereto. 


CALIFORNIA   IRBlGATION   DISTRICT   LAWS.  109 

The  term  of  oflSce  of  each  elective  officer  of  the  district  elected  after 
the  election  on  organization  provided  for  in  section  seven  of  this  act 
shall  be  four  years,  or  until  his  successor  is  elected  and  has  qualified. 

Notice  of  election;  appointment  of  election  officers. 

Sec.  38.  Twenty  days  before  a  general  election  held  under  this  act, 
the  secretary  of  the  board  of  directors  shall  cause  notices  to  be  posted 
in  three  public  places  in  each  election  precinct,  of  the  time  and  place 
of  holding  the  election,  and  shall  also  post  a  general  notice  of  the  same 
in  the  office  of  said  board  specifying  the  polling  places  of  each  precinct. 
Affidavits  of  the  publication  and  posting  of  such  notice  must  be  filed 
with  the  county  clerk  of  each  county  in  the  district,  together  with  a 
copy  of  the  order  calling  the  election  certified  by  the  president  of  the 
board  of  directors,  and  duplicates  filed  with  the  board  of  directors. 
Prior  to  the  time  for  posting  the  notices,  the  board  must  appoint  for 
each  precinct,  from  the  voters  thereof,  one  inspector  and  two  judges, 
who  shall  constitute  a  board  of  election  for  such  precinct.  If  the  board 
fail  to  appoint  a  board  of  election,  or  the  members  appointed  do  not 
attend  at  the  opening  of  the  polls  on  the  morning  of  election,  the 
voters  of  the  precinct  present  at  that  hour  may  appoint  the  board,  or 
supply  the  place  of  an  absent  member  thereof.  The  board  of  directors 
must,  in  its  order  appointing  the  board  of  election,  designate  the  place 
within  the  precinct  where  the  election  must  be  held. 

Nominating  petitions. 

Sec.  39.  Not  less  than  ten  days  before  the  election,  any  ten  or  more 
qualified  voters  in  any  division  of  the  district  may  file  with  the  board 
of  directors  a  petition,  requesting  that  certain  persons,  specified  in  such 
petition,  be  placed  on  the  ballot  as  candidates  for  the  office  named  in 
the  petition.  The  names  proposed  by  the  various  petitions  so  filed,  and 
no  others,  shall  be  printed  on  the  ballots.  But  there  shall  be  sufficient 
blank  spaces  left  in  which  voters  may  write  other  names  if  they  so 
desire.  The  petitions  shall  be  preserved  in  the  office  of  the  secretary 
of  the  district. 

Election  officers,  powers  and  duties  of. 

Sec.  40.  The  inspector  is  chairman  of  the  election  board  and  may 
administer  all  oaths  required  in  the  process  of  an  election:  and 
appoint  judges  if,  during  the  progress  of  the  election,  any  judge  ceases 
to  act.  Any  member  of  the  board  of  election  may  administer  and 
certify  oaths  required  to  be  administered  during  the  progress  of  an 
election.  Before  opening  the  polls,  each  member  of  the  board  must 
take  and  subscribe  an  oath  to  faithfully  perform  the  duties  imposed 
upon  him  by  law.  Any  voter  of  the  precinct  may  administer  and 
certify  such  oath.  The  polls  must  be  opened  at  eight  am.  on  the 
morning  of  the  election,  and  be  kept  open  until  four  p.m.,  when  the 
same  must  be  closed. 

Ballots  and  manner  of  voting. 

Sec.  41.  The  ballot  used  at  the  election  shall  be  provided  by  the 
board  of  directors,  and  one  of  the  judges  of  election  shall  deliver  to 
each  of  the  qualified  voters  one  of  the  ballots  so  provided.    The  ballots 


110  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

shall  have  printed  on  them  the  names  of  all  candidates  whose  names 
have  been  filed  as  provided  in  this  act,  with  a  voting  square  behind  each 
name;  provided,  that  the  ballots  in  each  division  of  thf»  district  shall 
have  on  them  names  of  persons  to  be  voted  for  as  director  to  represent 
that  division  only,  and  no  director  shall  be  elected  by  the  district  at 
large.  The  names  shall  be  arranged  in  groups,  alphabetically,  under 
the  designation  of  the  oflSce  for  which  each  person  named  is  a  candidate. 
Each  voter  shall  stamp  a  cross,  with  a  rubber  stamp  to  be  provided  by 
the  board  of  directors,  in  the  square  behind  the  name  of  each  candi- 
date he  wishes  to  vote  for.  Each  ballot  cast  shall  contain  the  name  of 
the  person  casting  the  ballot  with  the  number  of  votes  cast  by  him.  A 
list  of  the  ballots  cast  shall  be  made  by  the  board  of  election  containing 
the  names  of  each  voter,  and  if  the  ballot  be  east  by  proxy  the  name 
of  the  person  casting  it,  the  number  of  votes  cast  by  each,  and  whether 
the  same  be  cast  for  or  against  the  proposition  submitted  at  the  election. 

Voting  and  counting  of  votes. 

Sec.  42.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and 
may  be  continued  during  all  the  time  the  polls  remain  opened,  and 
shall  be  conducted  as  nearly  as  practicable  in  accordance  with  the 
provisions  of  the  general  election  laws  of  this  state.  As  soon  as  all 
votes  are  counted,  a  certificate  shall  be  drawn  upon  each  of  the  papers 
containing  the  poll  lists  and  tallies,  or  attached  thereto,  stating  the 
number  of  votes  each  one  voted  for  has  received,  and  designating  the 
office  to  fill  which  he  was  voted  for,  which  number  shall  be  written  in 
figures  and  in  words  at  full  length.  Each  certificate  shall  be  signed 
by  a  judge  and  the  inspector.  One  of  said  certificates,  with  the  poll 
list  and  the  tally  paper  to  which  it  is  attached,  shall  be  retained  by  the 
inspector,  and  preserved  by  him  at  least  six  months.  The  ballots  shall 
be  strung  upon  a  cord  or  thread  by  the  inspector,  during  the  counting 
thereof,  in  the  order  in  which  they  are  entered  upon  the  tally  list  by 
the  judges ;  and  said  ballots,  together  with  the  other  of  said  certificates, 
with  the  poll  list  and  tally  paper  to  which  it  is  attached,  shall  be 
sealed  by  the  inspector  in  the  presence  of  the  judges  and  indorsed 
"Election  returns  of  (naming  the  precinct)  precinct,"  and  be  directed 
to  the  secretary  of  the  board  of  directors,  and  shall  be  immediately 
delivered  by  the  inspector,  or  by  some  other  safe  and  responsible  carrier 
designated  by  said  inspector,  to  said  secretary,  and  the  ballots  shall  be 
kept  unopened  for  at  least  six  months;  and  if  any  qualified  voter  of 
the  district  be  of  the  opinion  that  the  vote  of  any  precinct  has  not  been 
correctly  counted,  he  may  appear  on  the  day  appointed  for  the  board 
of  directors  to  open  and  canvass  the  returns,  and  demand  a  recount 
of  the  vote  of  the  precinct  that  is  so  claimed  to  have  been  incorrectly 
counted.  No  list,  tally  paper,  or  certificate  returned  from  any  election 
shall  be  set  aside  or  rejected  for  want  of  form,  if  it  can  be  satisfactorily 
understood. 

Canvass  of  votes. 

Sec.  43.  The  board  of  directors  must  meet  at  its  usual  place  of 
meeting  on  the  first  Monday  after  each  election  to  canvass  the  returns. 
If,  at  the  time  of  meeting,  the  returns  from  each  precinct  in  the  district 
in  which  the  polls  were  opened  have  been  received,  the  board  of 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS,  111 

directors  must  then  and  there  proceed  to  canvass  the  returns ;  but  if  all 
the  returns  have  not  been  received,  the  canvass  must  be  postponed  from 
day  to  day  until  all  the  returns  have  been  received,  or  until  six  post- 
ponements have  been  had.  The  canvass  must  be  made  in  public  and 
by  opening  the  returns  and  ascertaining  the  vote  of  the  district  for 
each  person  voted  for,  and  declaring  the  result  thereof. 

Statement  of  results;  vacancy  in  office,  how  filled. 

Sec.  44.  The  secretary  of  the  board  of  directors  must,  as  soon  as 
the  result  is  declared,  enter  in  the  records  of  such  board  a  statement  of 
such  result,  which  statement  must  show:  (a)  the  whole  number  of 
votes  cast  in  the  district,  and  in  each  division  of  the  district;  (&)  the 
names  of  the  persons  voted  for;  (c)  the  office  to  fill  which  each  person 
was  voted  for;  (d)  the  number  of  votes  given  in  each  precinct  to  each 
of  such  persons;*  (e)  the  number  of  votes  given  in  each  division  for 
the  office  of  director,  and  the  number  of  votes  given  in  the  district  for 
the  office  of  treasurer.  The  board  of  directors  must  declare  elected  as 
director  the  person  having  the  highest  number  of  votes  for  that  office 
in  each  division,  and  as  treasurer  the  person  having  the  highest  number 
of  votes  in  the  district.  The  secretary  must  immediately  make  out 
and  deliver  to  such  persons  certificates  of  election,  signed  by  him,  and 
authenticated  with  the  seal  of  the  board. 

In  case  of  a  vacancy  in  the  office  of  treasurer,  the  vacancy  shall  be 
filled  by  appointment  of  the  board  of  directors;  provided,  that  if  said 
board  of  directors  shall  neglect  or  refuse  to  make  such  appointment 
within  a  period  of  forty  days,  then  the  state  engineer  shall  make  such 
appointment.  In  case  of  a  vacancy  in  the  office  of  director,  the  vacancy 
shall  be  filled  by  appointment  by  the  state  engineer  from  the  division 
in  which  the  vacancy  occurred.  An  officer  appointed  as  above  provided 
shall  hold  his  office  for  the  remainder  of  the  unexpired  term  to  fill 
which  he  is  appointed,  and  until  his  successor  is  elected  and  qualified. 

Official  bonds. 

Sec.  45.  "Within  ten  days  after  receiving  their  certificates  of  elec- 
tion herein  provided  for,  said  officers  shall  take  and  subscribe  the 
official  oath,  and  file  the  same  in  the  office  of  the  board  of  directors,  and 
execute  the  bond  hereinafter  provided  for.  The  treasurer  of  the  district 
shall  execute  an  official  bond  in  the  sum  of  fifty  thousand  dollars  to  be 
approved  by  the  board  of  directors ;  provided,  that  the  board  may,  if  it 
shall  be  deemed  advisable,  fix  the  bond  of  the  treasurer  to  suit  the  con- 
ditions of  the  district,  the  maximum  amount  thereof  not  to  exceed  fifty 
thousand  dollars,  and  the  minimum  amount  thereof  not  to  be  less  than 
ten  thousand  dollars.  Each  member  of  the  board  of  directors  shall 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  which  said 
bonds  shall  be  approved  by  a  judge  of  the  superior  court  and  shall  be 
recorded  in  the  office  of  the  county  recorder  of  the  county  in  which  the 
office  of  the  board  is  situated,  and  filed  with  the  secretary  of  said  board. 
All  official  bonds  herein  provided  for  shall  be  made  payable  to  the 
proper  water  storage  district  and  shall  be  in  the  form  prescribed  by 
law  for  the  official  bonds  of  county  officers  and  the  premiums  thereon 
may  be  paid  by  the  district ;  provided,  that  in  case  any  district  organized 
under  this  act  is  appointed  fiscal  agent  of  the  United  States  or  by  the 


112  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

United  States  in  connection  with  any  federal  reclamation  project,  each 
of  said  officers  shall  execute  a  further  and  additional  official  bond  in 
such  sum  as  the  secretary  of  the  interior  may  require,  conditioned  for 
the  faithful  discharge  of  the  duties  of  his  office  and  the  faithful  dis- 
charge of  the  district  of  its  duties  as  fiscal  or  other  agent  of  the  United 
States  under  any  such  appointment  or  authorization,  and  any  such 
bond  may  be  sued  upon  by  the  United  States  or  any  person  injured  by 
the  failure  of  such  officers  of  the  district  to  fully,  promptly,  and  com- 
pletely perform  their  respective  duties.     (Stats.  1923,  p.  962.) 

If  election  not  held,  provision  for  special  election. 

Sec.  46.  If  an  election  is  not  held  as  herein  provided,  then  upon  the 
filing  of  a  petition  with  the  secretary  of  the  board  of  directors  of  such 
district,  signed  by  the  owners  of  more  than  fifteen  per.  cent  of  the  total 
assessed  valuation  of  the  lands  within  the  district,  requesting  that  a 
special  election  be  called  for  the  election  of  such  officers,  the  directors 
of  such  district  shall  thereupon  call  a  special  election  thereof  for  the 
election  of  such  officers,  such  election  to  be  held  within  not  less  than 
fifteen,  nor  more  than  thirty  days  after  the  filing  of  such  petition. 
(Stats.  1923,  p.  963.) 

Beginning  of  terms  of  officers;  organization  of  board  of  directors. 

Sec.  47.  At  noon  of  the  first  Tuesday  in  March  next  following  their 
election,  except  as  provided  in  section  twelve  of  this  act,  the  officers 
who  shall  have  been  elected  at  the  preceding  general  district  election 
shall  enter  upon  the  duties  of  their  respective  offices.  On  the  first 
Tuesday  in  March  next  following  each  election,  the  directors  shall 
meet  and  organize  as  a  board,  elect  a  president  and  appoint  a  secretary, 
who  shall  eacli  hold  office  during  the  pleasure  of  the  board. 

Recall  of  officers. 

Sec.  48.  The  holder  of  any  elective  office  of  any  district  may  be 
removed  or  recalled  at  any  time  by  the  voters;  provided,  he  has  held 
his  office  at  least  six  months.  The  procedure  to  effect  such  removal  or 
recall  shall  be  as  follows:  A  petition  demanding  the  election  of  a  suc- 
cessor to  the  person  sought  to  be  removed  shall  be  filed  with  the  secre- 
tary of  the  board  of  directors  of  such  district,  which  petition  shall  be 
signed  by  qualified  voters  constituting  at  least  twenty-five  per  cent  of 
the  highest  vote  cast  within  such  district  for  candidates  for  the  office, 
the  incumbent  of  which  is  sought  to  be  removed,  at  the  last  general 
election  in  such  district  at  which  an  incumbent  of  such  office  was 
elected,  or,  in  the  case  of  the  removal  of  the  incumbent  of  an  office 
elected  by  a  subdivision  of  such  district,  such  petition  shall  be  signed  by 
fl,  like  percentage  of  qualified  voters  of  such  subdivision  computed  upon 
the  total  number  of  votes  cast  in  such  subdivision  for  all  candidates 
for  the  office,  the  incumbent  of  which  is  sought  to  be  removed,  at  the 
last  general  election  in  such  subdivision  at  which  an  incumbent  of  such 
office  was  elected;  and  said  petition  shall  contain  a  statement  of  the 
grounds  on  which  the  removal  or  recall  is  sought,  which  statement  is 
intended  solely  for  the  information  of  the  voters.  Any  insufficien.^y 
of  form  or  substance  in  such  statement  shall  in  no  wise  affect  the 
validity  of  the  election  and  proceedings  held  thereunder.    The  signa- 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  113 

tures  to  the  petition  need  not  all  be  appended  to  one  paper.  Each 
signer  shall  add  to  his  signature  his  place  of  residence,  giving  the 
precinct,  and  if  within  a  town  having  named  streets  and  numbered 
houses,  street  and  number.  Each  such  separate  paper  shall  have 
attached  thereto  an  affidavit  made  by  a  qualified  voter  of  the  district 
and  sworn  to  before  an  officer  competent  to  administer  oaths,  stating 
that  the  affiant  circulated  that  particular  paper  and  saw  written  the 
signatures  appended  thereto;  and  that  according  to  the  best  informa- 
tion and  belief  of  the  affiant,  each  is  the  genuine  signature  of  the  person 
whose  name  purports  to  be  thereunto  subscribed  and  of  a  qualified 
voter  of  the  district.  Within  ten  days  from  the  date  of  filing  such 
petition,  the  secretary  of  the  board  shall  examine  and  from  the  records 
of  qualified  voters  ascertain  whether  or  not  said  petition  is  signed  by 
the  requisite  number  of  such  qualified  voters,  and  he  shall  attach  to 
said  petition  his  certificate  showing  the  result  of  said  examination.  If 
by  the  said  certificate  the  petition  is  shown  to  be  insufficient,  it  may  be 
supplemented  within  ten  days  from  the  date  of  such  certificate,  by  the 
filing  of  additional  papers,  duplicates  of  the  original  petition  except  as 
to  the  names  signed.  The  secretary  shall,  within  ten  days  after  such 
supplementing  papers  are  filed,  make  like  examination  of  a  supple- 
menting petition,  and  if  a  certificate  shall  show  that  all  the  names  to 
such  petition,  including  the  supplemental  papers,  are  still  insufficient, 
no  action  shall  be  taken  thereon;  but  the  petition  shall  remain  on 
file  as  a  public  record;  and  the  failure  to  secure  sufficient  names  shall 
be  without  prejudice  to  the  filing  later  of  an  entirely  new  petition  to 
the  same  effect.  If  the  petition  shall  be  found  to  be  sufficient,  the 
secretary  shair  submit  the  same  to  the  board  of  directors  without  delay, 
whereupon  the  board  shall  forthwith  cause  a  special  election  to  be  held 
within  not  less  than  thirty-five  nor  more  than  forty  days  after  the  date 
of  the  order  calling  such  election,  to  determine  whether  the  voters  will 
recall  such  officer;  provided,  that  if  a  general  water  storage  district 
election  is  to  occur  within  sixty  days  from  the  date  of  the  order  calling 
for  such  election,  the  board  may  in  its  discretion  postpone  the  holding 
of  such  election  to  such  general  election  or  submit  such  recall  election 
at  any  such  general  election  for  officers  of  such  district  occurring  not 
less  than  thirty-five  days  after  such  order.  If  a  vacancy  occur  in  said 
office  after  a  recall  petition  is  filed,  the  election  shall  nevertheless 
proceed  as  in  this  section  provided.  One  petition  is  sufficient  to  pro- 
pose a  removal  and  election  of  one  or  more  elective  officials.  One 
election  is  competent  for  the  removal  and  election  of  one  or  more 
elective  officials.  Nominations  for  any  office  under  such  recall  election 
shall  be  made  in  the  manner  prescribed  by  section  thirty-nine  of  this 
act. 

There  shall  be  printed  on  the  recall  ballot,  as  to  every  officer  whose 
recall  is  to  be  voted  on  thereat,  the  following  question:  "Shall  (name 
of  person  against  whom  the  recall  petition  is  filed)  be  recalled  from  the 
office  of  (title  of  the  office)  ?"  following  which  question  shall  be  the 
words  "yes"  and  "no"  on  separate  lines,  with  a  blank  space  at  the 
right  of  each,  in  which  the  voter  shall  indicate  by  stamping  a  cross  ( X ) 
his  vote  for  or  against  such  recall.  On  such  ballots,  under  each  such 
question,  there  shall  also  be  printed  the  names  of  those  persons  who 
have  been  nominated  as  candidates  to  succeed  the  person  recalled,  iu 

8—40508 


114  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

case  he  shall  be  removed  from  office  by  said  recall  election ;  but  no  vote 
shall  be  counted  for  any  candidate  for  said  office  unless  the  voter  also 
voted  on  said  question  of  the  recall  of  the  person  sought  to  be  recalled 
from  said  office.  The  name  of  the  person  against  whom  the  petition  is 
filed  shall  not  appear  on  the  ballot  as  a  candidate  for  the  office.  If  a 
majority  of  those  voting  on  said  question  of  the  recall  of  any  incumbent 
from  office  shaU  vote  "no,"  said  incumbent  shall  continue  in  said  office. 
If  a  majority  shall  vote  "yes,"  said  incumbent  shall  thereupon  be 
deemed  removed  from  such  office,  upon  the  qualification  of  his  suc- 
cessor. The  election  shall  be  conducted,  canvass  of  all  votes  for  candi- 
dates for  said  office  shall  be  made,  and  the  result  declared  in  like  manner 
as  in  a  regular  election  within  such  district.  If  the  vote  at  any  such 
recall  election  shall  recall  the  officer,  then  the  candidate  who  has  received 
the  highest  number  of  votes  for  the  office  shall  be  thereby  declared 
elected  for  the  remainder  of  the  term.  In  case  the  person  who  received 
the  highest  number  of  votes  shall  fail  to  qualify  within  ten  days  after 
receiving  the  certificate  of  election,  the  office  shall  be  deemed  vacant 
and  shall  be  filled  according  to  law.  If  the  vote  at  any  such  recall 
election  shall  not  recall  the  officer,  no  further  petition  for  the  recall  of 
such  officer  shall  be  filed  before  the  expiration  of  six  months  from  the 
date  of  such  first  recall  election. 

SPECIAL  ELECTIONS. 
Special  elections,  how  held. 

Sec.  49.  Notice  of  any  special  election  to  be  held  pursuant  to  the 
provisions  of  this  act  must  be  given  by  posting  notices  in  three  public 
places  in  each  election  precinct  in  the  water  conservation  district  for  at 
least  twenty  days,  and  also  by  publication  of  said  notice  once  a  week  for 
three  successive  weeks  in  each  county  in  which  any  land  in  said  district 
is  located.  Such  notice  must  specify  the  time  and  place  of  holding  the 
election  and  the  purpose  thereof.  Unless  otherwise  in  this  act  expressly 
specified  said  election  shall  be  held  and  the  result  thereof  determined 
and  declared  as  nearly  as  may  be  in  accordance  with  the  provisions  of 
this  act  relating  to  general  water  conservation  district  elections;  pro- 
vided, that  no  informalities  in  conducting  such  election  shall  invalidate 
the  same  if  the  election  shall  have  been  otherwise  fairly  conducted. 

GENERAL  PROVISIONS. 
Contest  of  elections. 

Sec.  50.  Any  election  held  under  the  provisions  of  this  act  may  be 
contested  by  any  person  owning  property  within  the  district,  or  pro- 
posed district,  liable  to  assessment.  Such  contest  shall  be  brought  in 
the  superior  court  of  any  county  in  which  some  portion  of  the  land 
within  the  district  or  proposed  district  is  situated  and  shall  be  conducted 
in  the  manner  provided  for  contests  of  election  by  title  two  of  part  three 
of  the  Code  of  Civil  Procedure  of  California,  except  that  in  the  case  of 
a  contest  not  involving  the  right  of  a  person  declared  elected  to  an 
office  to  hold  such  office  the  directors  of  the  district  shall  be  made 
parties  to  the  contest.  The  court  having  jurisdiction  shall  speedily  try 
such  contest  and  determine  upon  the  hearing  whether  the  election  was 
fairly  conducted  and  in  substantial  compliance  with  the  requirements 
of  this  act  and  enter  its  judgment  accordingly.    Such  contest  must  be 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  115 

brought  within  twenty  days  after  the  canvass  of  the  vote  and  declara- 
tion of  the  result.  The  right  of  appeal  is  hereby  given  to  either  party 
to  the  record  within  thirty  days  from  entry  of  judgment.  The  appeal 
must  be  heard  and  determined  by  the  supreme  court  within  sixty  days 
from  the  time  of  the  filing  of  the  notice  of  appeal. 

Determination  of  ownership  and  value  of  land. 

Sec.  51.  For  all  purposes  of  this  act  relating  to  signing  petitions 
and  voting  at  any  election,  and  for  all  other  purposes  when  the  question 
of  title  to  or  value  of  land  claimed  to  be  owned  by  a  petitioner  or  voter 
is  involved,  the  county  assessment  roll  last  equalized  at  the  time  of  the 
election  or  filing  of  the  petition,  in  each  county  wherein  any  such  laud 
is  situated  shall  be  sufficient  evidence  of  ownership  and  value.  If  any 
parcel  of  land  is  assessed  on  any  such  assessment  roll  to  unknown  or 
fictitiously  named  owners,  or  to  unnamed  owners  in  addition  to  any 
owner  or  owners  named  thereon,  said  parcel  of  land  shall  be  deemed 
for  any  of  the  purposes  of  this  act  to  have  but  one  owner  in  addition 
to  any  owner  or  owners  whose  true  name  or  names  may  be  purported 
to  be  given  on  such  assessment  roll.  The  holder  of  title  or  evidence  of 
title  to  an  undivided  interest  in  any  land  affected  by  any  of  the  provi- 
sions of  this  act  may  sign  any  petition  or  vote  at  any  election  provided 
for  in  this  act,  and  such  undivided  interest  shall  be  counted  and  valued 
as  though  it  were  ja  separate  interest,  and  if  the  assessment  roll  shall 
fail  to  indicate  the  extent  of  any  such  undivided  interest  the  holders  of 
title  or  evidence  of  title  whose  undivided  interests  in  any  land  are  not 
specifically  defined  shall  be  deemed  to  have  equal  shares  therein.  Where 
property  has  been  conveyed  prior  to  the  election  and  such  change  of 
interest  does  not  appear  by  such  assessment  roll  the  original  deed  of 
conveyance,  or  a  copy  thereof  duly  certified  by  the  county  recorder  of 
the  county  wherein  the  same  has  been  recorded,  or  otherwise  authen- 
ticated, shall  be  sufficient  evidence  to  entitle  the  bolder  thereof  to  vote 
the  acreage  therein  described.  Any  person  not  legally  qualified  to 
vote  who  shall  make  any  false  statement  in  respect  to  his  right  to  vote 
shall  incur  all  of  the  penalties  provided  in  the  Penal  Code  of  the  State 
of  California  for  persons  illegally  voting  at  elections.  The  certificate 
of  the  register  of  the  United  States  land  office  for  the  district  in  which 
the  lands  are  situated,  or  of  the  surveyor  general  of  the  State  of  Cali- 
fornia, shall  be  sufficient  evidence  of  possessory  right  in  any  lands 
entered  under  the  laws  of  the  United  States  or  of  the  State  of  California. 
Guardians,  personal  representatives  and  other  persons  holding  land  in  a 
trust  capacity  under  appointment  of  court  may  sign  any  petition  and 
may  vote  at  any  election  in  behalf  of  the  estate  represented  by  them 
without  obtaining  any  special  authority  therefor.  A  certificate  of 
acknowledgment  taken  before  a  notary  public  or  justice  of  the  peace 
of  any  state,  or  an  affidavit  by  any  person  in  the  presence  of  whom  a 
petition  was  signed,  shall  be  sufficient  evidence  of  the  genuineness  of 
such  signature  and  of  the  fact  of  place  of  residence  of  any  petitioner 
under  this  act.  The  state  engineer  shall,  prior  to  the  election  on  organi- 
zation, and  at  all  subsequent  elections  the  board  of  directors  shall, 
cause  to  be  prepared  and  certified  and  furnished  to  the  election  board 
at  each  voting  place  in  the  district  a  copy  of  each  of  said  assessment 
rolls  as  far  as  the  same  pertains  to  any  land  in  the  respective  precincts, 


116  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

and  shall  likewise  cause  to  be  prepared  and  furnished  to  the  election 
boards  lists  certified  by  the  register  of  the  United  States  land  office 
or  the  surveyor  general  of  the  State  of  California,  as  the  case  may  be, 
showing  the  lands  entered  under  the  laws  of  the  United  States  or  of  the 
State  of  California,  respectively,  which  said  lists,  so  far  as  disclosed 
by  the  records  of  said  offices,  shall  contain  the  names  of  the  persons 
entitled  to.  possessory  rights  therein  and  the  quantity  of  land  held  by 
each  of  said  persons  by  virtue  of  said  rights.  Said  assessment  rolls 
and  said  lists  shall  be  used  by  the  election  boards  in  determining  the 
qualifications  of  voters  and  the  number  of  votes  each  voter  is  entitled 
to  cast. 

Where  a  tract  of  land  is  situated  partly  within  and  partly  without 
the  boundaries  of  an  election  precinct  and  the  assessment  roll  contains 
a  valuation  of  said  tract  as  a  whole  the  same  must  be  apportioned 
according  to  the  number  of  acres  lying  within  and  without  the  bound- 
aries of  said  precinct.  If  there  shall  be  included  in  any  assessment 
roll  or  list  as  furnished  to  an  election  board  any  land  which  has  no 
valuation  assigned  to  it,  then  the  state  engineer  or  the  board  of 
directors,  as  the  case  may  be,  shall  request  the  county  assessor  of  the 
county  in  which  such  land  is  situated  to  value  said  land  and  it  shall 
be  the  duty  of  such  county  assessor  to  prepare  and  furnish  to  the  state 
engineer  or  board  requesting  it  a  statement  of  the  value  of  such  land 
as  the  same  shall  be  appraised  by  him,  which  value  shall  be  arrived  at 
as  nearly  as  may  be  done  in  the  same  manner  and  upon  the  same  basis 
as  was  the  valuation  for  purposes  of  taxation  assessed  upon  other  lands 
in  the  precinct  similarly  situated,  and  the  valuation  so  made  by  the 
county  assessor  shall  be  furnished  to  the  election  board  of  the  precinct 
in  which  the  land  so  valued  is  situated  and  shall  be  used  by  the  election 
board  in  determining  the  number  of  votes  which  the  holder  of  title  or 
evidence  of  title  to  such  land  is  entitled  to  cast. 

Publication,  how  and  where  made. 

Sec.  52.  Whenever  any  notice  or  publication,  or  notice  of  publica- 
tion, or  official  advertising,  or  publication  of  process  is  required  to  be 
given  or  made  by  the  provisions  of  this  act  the  same,  unless,  other  wise 
specifically  provided  in  this  act,  shall  be  given  or  made  in  a  newspaper 
of  general  circulation  as  defined  by  the  laws  of  this  state,  printed  and 
published  in  each  county  in  which  any  of  the  lands  in  a  water  storage 
district,  or  a  proposed  water  storage  district,  are  situated,  and  if  in  any 
such  county  or  counties  there  be  no  such  newspaper  then  in  a  news- 
paper printed  and  published  in  an  adjoining  county,  the  time  of  the 
giving  or  making  of  said  notices,  publication,  or  advertising  shall  be, 
unless  otherwise  specifically  provided  in  this  act,  once  a  week  for  two 
successive  weeks.     (Stats.  1923,  p.  963.) 

State  engineer,  additional  duties  of. 

Sec.  53.  The  state  engineer  shall  have  authority  and  it  shall  be  his 
duty  to  give  information,  so  far  as  may  be  practicable,  to  persons  con- 
templating the  organization  of  a  water  storage  district,  and  whenever 
the  department  of  engineering  of  this  state  shall  deem  it  in  the  public 
interest  that  preliminary  surveys  and  field  investigations  of  proposed 
water  storage  district  projects  shall  be  made  at  the  expense  of  the  state 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  117 

the  state  engineer  shall  make  such  surveys  and  investigation  and  pre- 
pare a  report  thereof  which  shall  be  kept  on  file  in  his  office. 

Validity  of  section. 

Tarpey   vs.   McClure,   190   Cal.    593. 

Records  of  proceedings. 

Sec.  54,  The  state  engineer  and  the  board  of  directors  of  every 
water  storage  district  shall,  respectively,  cause  to  be  entered  in  books  to 
be  kept  for  that  purpose  a  complete  and  connected  record  of  all  their 
acts  and  transactions  and  shall  execute  all  contracts  and  other  written 
instruments  in  duplicate,  one  copy  of  each  of  which,  together  with  any 
other  documents,  instruments,  or  other  papers  filed  with  them,  shall 
be  kept  and  preserved  on  file  in  their  respective  offices  and  open  to 
inspection  by  the  public  during  business  hours.  Said  records  and  ail 
documents,  instruments,  or  other  papers  filed  as  above  provided,  or  a 
copy  or  copies  of  any  thereof  certified  by  the  state  engineer  or  secretary 
of  the  board,  shall  be  received  in  evidence  without  further  proof  in 
any  court  of  this  state,  or  before  any  board  or  tribunal  authorized  to 
hear  or  consider  a  matter  wherein  the  same  shall  be  properly  admissible 
in  evidence. 

Title  to,  and  disposition  of  property. 

Sec.  55.  The  legal  title  to  all  property  acquired  under  the  provi- 
sions of  this  act  shall  by  operation  of  law,  immediately  upon  the 
acquisition  thereof,  vest  in  the  water  storage  district  by  which  it  is 
acquired,  and  shall  be  held  by  such  district  in  trust  for  the  uses  and 
purposes  set  forth  in  this  act,  and  is  hereby  dedicated  and  set  apart 
to  said  uses  and  purposes.  The  board  of  directors  is  hereby  authorized 
and  empowered  to  hold,  use,  manage,  occupy,  and  possess  said  property 
and  may  determine  by  resolution  duly  entered  upon  its  minutes,  that 
any  property,  real  or  personal,  held  by  the  district  is  not  necessary  for 
the  uses  and  purposes  thereof  and  may  sell  the  same  for  an  adequate 
consideration;  and  a  conveyance  or  transfer  of  any  of  the  property 
of  a  district  executed  by  the  president  and  secretary  of  its  board  of 
directors  in  pursuance  of  a  resolution  of  the  board  adopted  as  above 
provided,  shall  convey  good  title  to  the  property. 

Warrants,  how  drawn. 

Sec,  56,  Warrants  drawn  by  the  state  engineer  shall  be  signed  by 
him  and  shall  be  drawn  upon  the  treasurer  of  the  water  storage  district. 
Warrants,  drawn  by  the  board  of  directors  shall  be  signed  by  its  presi- 
dent and  secretary  and  countersigned  by  its  treasurer,  and  shall  be 
drawn  upon  the  county  treasurer  of  a  county  having  funds  belonging 
to  the  district  in  his  possession  for  payment  of  the  principal  or  interest 
of  bonds,  and  upon  the  treasurer  of  the  district  or  the  county  treasurer 
of  such  a  county,  as  the  case  may  be,  for  payment  of  all  other  claims 
and  demands. 

Warrants,  payment  of  and  interest  on  unpaid. 

Sec.  57.  Whenever  any  warrant  of  the  district  payable  on  demand 
is  presented  for  payment  when  funds  are  not  available  for  the  payment 
thereof,  it  shall  thereafter  draw  interest  at  a  rate  to  be  determined  by 


118  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

resolution  of  the  board  of  directors,  not,  however,  to  exceed  seven  per 
centum  per  annum,  until  public  notice  is  given  that  such  funds  are 
available.  Upon  the  presentation  of  any  such  warrants  for  payment 
when  funds  of  the  district  are  not  available  to  pay  the  same,  the 
treasurer  of  the  district  or  of  the  county,  as  the  ease  may  be,  shall 
endorse  thereon  the  words  "funds  not  available  for  payment,"  with 
the  date  of  presentation,  and  shall  specify  the  interest  that  such  war- 
rants shall  thereafter  bear  and  shall  sign  his  name  thereto.  He  shall 
keep  a  record  showing  the  number  and  amount  of  each  such  warrant, 
the  date  of  its  issuance,  the  person  in  whose  favor  it  was  issued,  and 
the  date  of  its  presentation  for  payment,  and  such  warrant  is  and  shall 
be  considered  as  a  contract  in  writing  for  the  payment  of  money  and 
the  period  prescribed  for  the  commencement  of  an  action  based  upon 
such  warrant  is  and  shall  be  four  years  from  the  date  of  issuance. 
Whenever  there  is  sufficient  money  in  the  treasury  to  pay  all  such 
outstanding  warrants,  or  whenever  the  board  of  directors  shall  order 
that  all  such  warrants  presented  for  payment  prior  to  a  certain  date 
be  paid  and  there  is  sufficient  money  available  for  such  payment,  the 
proper  treasurer  shall  publish  a  notice  once  a  week  for  two  successive 
weeks  in  some  newspaper  published  in  the  county  in  which  the  office  of 
the  board  of  directors  is  situated,  stating  that  he  is  prepared  to  pay  all 
warrants  of  the  district  for  the  payment  of  which  funds  were  not  avail- 
able upon  their  original  presentation,  or  all  such  warrants  which  were 
presented  for  payment  prior  to  the  date  fixed  by  the  board  of  directors 
as  the  case  may  be,  and  no  further  description  of  the  warrants  entitled 
to  payment  need  be  made  in  such  notice.  Upon  the  presentation  of 
any  warrant  entitled  to  payment  under  the  terms  of  such  notice,  the 
treasurer  shall  pay  it  together  with  interest  thereon  at  the  rate  specified 
by  the  board  of  directors,  from  the  date  of  its  original  presentation 
for  payment  to  the  date  of  the  first  publication  of  said  notice,  and  all 
warrants  for  the  payment  of  which  funds  are  declared  in  said  notice 
to  be  available  shall  cease  to  draw  interest  at  the  time  of  the  first  publi- 
cation of  said  notice.  The  treasurer  shall  enter  in  the  record  herein- 
before required  to  be  kept,  the  dates  of  the  payment  of  all  such  war- 
rants, the  names  of  the  persons  to  whom  payments  are  made,  and  the 
amount  paid  to  each  person. 

Declaration  of  public  use. 

Sec.  58.  It  is  hereby  declared  that  the  State  of  California  has  a 
paramount  interest  in  the  storage,  conservation  and  diversion  of  water, 
the  prevention  of  floods,  the  irrigation,  drainage,  and  reclamation  of 
land  and  the  production  of  electric  energy;  and  that  such  storage, 
conservation,  diversion,  irrigation,  prevention  of  floods,  reclamation, 
drainage,  and  production  of  electric  energy  will  make  productive  vast 
quantities  of  land  that  are  comparatively  unproductive  and  will 
increase  production,  property  valuations  and  population  in  the  state, 
make  profitable  the  cultivation  of  small  tracts  and  promote  subdivision 
of  larger  tracts,  and  will  promote  the  welfare  and  prosperity  of  all  the 
people.  The  powers  herein  conferred  upon  the  state  engineer  and 
board  of  directors  are  hereby  declared  to  be  police  and  regulatory 
powers  and  are  necessary  to  the  accomplishment  of  a  purpose  that  is 
indispensable  to  the  public  interests,  and  the  water  storage  districts 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  119 

hereunder  provided  to  be  formed  are  districts  of  the  nature  of  irri- 
gation, reclamation,  or  drainage  districts  in  respect  to  all  matters  con 
templated  in  the  provisions  of  the  constitution  of  the  State  of  Cali- 
fornia relating  to  irrigation,  reclamation,  or  drainage.  The  use  of  all 
water  required  for  the  irrigation  of  the  lands  of  any  district  formed 
under  the  provisions  of  this  act  and  for  domestic  and  other  incidental 
and  beneficial  uses  within  such  district,  together  with  the  rights  of  way 
for  canals  and  ditches,  sites  for  reservoirs  and  all  other  property 
required  in  fully  carrying  out  the  provisions  of  this  act  is  hereby 
declared  to  be  a  public  use,  subject  to  the  regulation  and  control  of 
the  state,  in  the  manner  prescribed  by  law. 

Exemption  of  property  from  taxation. 

Sec.  59.  The  rights  of  way,  ditches,  canals,  flumes,  pipe  lines,  dams, 
water  rights,  reservoirs,  power  plants,  an^  transmission  lines,  and  all 
other  property  of  like  character  belonging  to  a  water  storage  district 
shall  not  be  taxed  for  state  and  county  or  municipal  purposes. 

Conduct  of  actions.  / 

Sec.  60.  The  court  or  other  board  or  tribunal  having  jurisdiction 
before  whom  any  action,  proceeding,  or  contest  in  this  act  provided  for 
is  heard  shall,  when  considering  the  regularity,  legality,  or  correctness 
thereof,  disregard  any  error,  irregularity,  or  omission  which  does  not 
affect  the  substantial  rights  of  the  parties  concerned.  In  all  such 
actions,  proceedings,  or  contests  the  rules  of  pleading  and  practice 
provided  by  the  Code  of  Civil  Procedure  of  California,  in  so  far  aa 
they  are  not  inconsistent  with  the  provisions  of  this  act,  shall  apply. 
A  motion  for  a  new  trial  or  hearing  in  such  action,  proceeding,  or 
contest  must  be  heard  and  determined  within  ten  days  from  the  filing 
of  the  notice  of  intention.  The  costs  on  any  such  action,  proceeding, 
or  contest  may  be  allowed  and  apportioned  between  the  parties  or  taxed 
to  the  defeated  party' in  the  discretion  of  the  court,  board,  or  tribunal 
before  whom  the  same  is  heard.  No  such  action,  proceeding,  or  contest 
shall  be  commenced  other  than  within  the  time  and  manner  herein 
specified,  and  in  the  determination  thereof  all  findings  of  fact  or  con- 
clusions of  the  state  engineer  or  the  board  of  directors  upon  all  matters 
shall  be  held  to  be  conclusive  unless  the  action,  proceeding,  or  contest 
was  instituted  within  six  months  after  such  findings  or  conclusions  were 
made. 

Consolidation  of  actions. 

Sec.  61.  If  two  or  more  actions  or  contests  shall  be  pending  at  the 
same  time  in  the  same  court  or  before  the  same  board  or  tribunal  for 
the  purpose  of  contesting  or  determining  the  validity  of  identical  or 
similar  acts  or  matters  under  the  provisions  of  this  act,  said  actions 
or  contests  shall  be  consolidated  and  tried  together. 

Neglect  of  official  to  perform  duty. 

Sec.  62.  It  shall  be  the  duty  of  the  state  engineer  to  ascertain 
whether  the  duties  r.elating  to  the  levying  and  collection  of  any  assess- 
ment or  assessments  provided  for  in  this  act  have  been  performed  by 
the  proper  officer,  and  if  the  engineer  shall  leam  that  any  officer  of  the 


120  CALIFORNIA  IRRIGATION   DISTRICT   LAWS. 

district  or  of  any  county  therein  has  neglected  or  refused  to  perform 
such  duty  he  shall  forthwith  notify  the  district  attorney  of  the  county 
in  which  the  office  of  the  district  is  located  of  such  failure  or  neglect, 
and  said  district  attorney  shall,  thereupon,  after  due  notice  to  the 
official  or  officials  involved,  take  such  proceedings  in  court  as  may  be 
necessary  to  compel  the  performance  of  such  duty. 

Penalty  for  violation  of  duty  by  officer. 

Sec.  63.  For  any  wilful  violation  of  any  express  duty  in  this  act 
provided  for  on  the  part  of  any  officer  herein  named,  such  officer  shall 
be  liable  upon  his  official  bond  and  shall  be  subject  to  removal  from 
office  by  proceeding  brought  in  the  superior  court  of  the  county  in 
which  the  office  of  the  board  of  directors  of  the  district  is  located,  by 
any  assessment  payer  of  the  district. 

Omission  of  land  from  assessment. 

Sec.  64.  In  the  event  any  land  subject  to  assessment  is  not  assessed 
or  does  not  appear  upon  the  assessment  book  of  the  district  for  any 
year,  the  land  so  omitted  may  be  assessed  in  the  next  or  any  year 
following,  and  the  amount  of  such  assessment  shall  be  added  to  and 
become  a  part  of  the  assessment  levied  upon  the  land  for  such 
subsequent  year. 

Dissolution  of  district. 

Sec.  65.  Any  water  storage  district  organized  pursuant  to  the  pro- 
visions of  this  act  may  be  dissolved  for  the  same  reasons,  under  the 
same  circumstances,  in  the  same  manner,  upon  the  same  conditions, 
and  with  the  same  results  as  is  or  may  be  provided  by  the  laws  of  this 
state  for  the  dissolution  of  irrigation  districts  organized  under  the  laws 
of  California;  provided,  that  in  case  a  contract  authorized  by  law  has 
been  made  between  a  water  storage  district  and  the  United  States  per- 
taining to  the  construction,  maintenance,  or  operation  of  the  works  of 
the  district,  or  the  delivery  or  supply  of  water  therefor,  no  such  district 
shall  be  dissolved  nor  shall  any  proceedings  be  initiated  by  a  court  or 
otherwise  for  the  purpose  of  dissolving  such  district,  unless  and  until 
the  consent  in  writing  of  the  secretary  of  the  interior  to  such  dissolu- 
tion or  proceedings  has  first  been  obtained. 

Constitutionality. 

Tarpey  vs.  McClure,  190  Cal.  593. 

Title  of  act. 

Sec.  66.  This  act  shall  be  known  and  may  be  referred  to  in  any 
action,  proceeding,  or  legislative  enactment,  as  the  "California  water 
storage  district  act." 

Unconstitutionality  of  part  of  act,  effect  of. ' 

Sec.  67.  If  any  section,  subdivision,  sentence,  clause,  or  phrase  of 
this  act  be  for  any  reason  held  to  be  unconstitutional,  such  decision 
shall  not  affect  the  validity  of  the  remaining  portions  of  this  act ;  and 
the  legislature  hereby  declares  that  it  would  hav6  passed  this  act  and 


CALIFORNIA   IBRIGATION   DISTRICT   LAWS.  121 

each  and  every  other  section,  subdivision,  sentence,  clause,  and  phrase 
thereof,  irrespective  of  the  fact  that  any  one  or  more  sections,  sub- 
divisions, sentences,  clauses,  or  phrases  of  this  act  be  declared  uncon- 
stitutional. 

Noninterference  with  vested  rights. 

Sec.  68.  Nothing  in  this  act  contained  shall  be  so  construed  as  to 
affect  or  impair  the  vested  right  of  any  person,  association,  or  corpora- 
tion to  the  use  of  water.     (Stats.  1923,  p.  963.) 

Tarpey   vs.    McClure,   190   Cal.    593. 

Repeal  of  other  acts. 

Sec.  69.  The  California  irrigation  act,  approved  June  4,  1915,  and 
all  acts  amendatory  thereof,  and  all  acts  and  parts  of  acts  inconsistent 
with  any  of  the  provisions  of  this  act,  are  hereby  repealed,  but  nothing 
in  this  act  shall  be  construed  as  repealing  or  in  anywise  modifying  the 
provisions  of  any  other  act  relating  to  the  subject  of  irrigation. 

Repeal  constitutional. 

Tarpey  vs.  McClure.  190  Cal.   593. 


122  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 


3.     CALIFORNIA  WATER  CONSERVATION  DISTRICT  ACT. 

An  act  providing  for  the  organization,  operation,  maintenance,  and 
government  of  water  conservation  districts,  and  for  the  acquisition, 
appropriation,  diversion,  storage,  conservation,  and  distribution  of 
water  for  the  irrigating  of  lands  in  sux^h  districts,  for  drainage  and 
reclamation  connected  therewith;  and  for  the  generation,  disposition, 
and  sale  of  hydro-electric  energy  developed  incidental  to  such  storage 
and  distribution;  and  for  the  acquisition  of  lands  or  rights  therein 
and  the  acquisition,  construction,  operation,  and  maintenance  of 
works  to  carry  into  effect  the  provisions  of  this  act;  for  the  inclu- 
sion therein  of  irrigation  districts,  water  storage  districts,  reclama- 
tion districts,  drainage  districts,  and  other  political  subdivisions  of 
the  state,  as  constituent  districts  or  units  of  said  water  cmiserva- 
tion  districts,  and  the  manner  of  providing  funds  and  the  voting  and 
issuance  of  bonds  by  such  political  subdivisions,  to  carry  out  the 
purposes  of  this  act;  and  creating  a  state  board  to  be  known  as  the 
''state  irrigation  board,"  and  defining  its  powers  and  duties,  and  the 
methods  and  procedure  of  exercising  such  powers  and  duties.  (Title 
amended,  Stats.  1925,  p.  555.) 

(Approved  June  18,  1923;  Stats.  1923,  p.  978;  Amended,  Stats.  1925,  p.  555.) 
STATE  IRRIGATION  BOARD. 
State  irrigation  board  created. 

Section  1.  There  is  created  a  board  to  be  Imown  as  the  "state 
irrigation  board,"  which  board  shall  consist  of  the  state  engineer  and 
two  executive  directors. 

That  said  board  shall  constitute  a  body  corporate  and  body  politic  for 
the  purpose  of  exercising  the  powers  and  performing  the  acts  herein 
mentioned,  and  said  board  shall  have  the  power  to  sue  and  be  sued. 

The  executive  directors  provided  for  by  the  California  water  storage 
district  act.  Statutes  of  1921,  page  1727,  and  approved  June  3,  1921,  are 
hereby  declared  to  be  and  are  hereby  constituted  the  two  executive 
directors  of  the  ' '  state  irrigation  board ' '  herein  created ;  provided,  how- 
ever, that  if  any  of  the  offices  provided  for  in  the  said  California  water 
storage  district  act  are  vacated  or  declared  vacant  or  abolished,  the 
governor  shall  without  delay  appoint  the  executive  members  of  said 
board  herein  created  and  said  executive  directors  so  appointed  by  the 
governor  shall  serve  for  four  years  and  until  their  successors  have  been 
appointed.  Their  successors  shall  be  appointed  and  all  vacancies  shall 
be  filled  by  appointment  in  like  manner. 

One  of  said  executive  directors  shall  have  at  least  five  years  practical 
experience  in  irrigation,  and  the  other  of  whom  shall  have  at  least  five 
years  experience  in  administration  and  both  of  whom  shall  be  residents 
of  this  state  and  continue  to  be  such  residents  during  the  term  of  their 
office. 

The  office  of  the  state  irrigation  board  herein  created  shall  be  at  the 
city  of  Sacramento,  in  the  State  of  California. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  123 

Each  executive  director  shall  receive  as  compensation  the  sum  of 
twenty  (20)  dollars  per  day  for  each  day  actually  employed  in  the  per- 
formance of  duties  under  this  act  and  shall  receive  actual  traveling 
expenses  when  engaged  in  the  performance  of  such  duties,  which  shall 
be  charged  as  a  part  of  the  cost  of  the  project  of  the  proposed  water 
conservation  district  for  which  such  duties  are  performed. 

Officers  and  employees  of  board. 

Sec.  2.  The  state  engineer  shall  be  the  chairman  of  the  state  irriga- 
tion board  herein  created  and  said  board  shall  employ  a  secretary  and 
such  attorneys,  engineers  and  other  employees  and  assistants  as  it  may 
require  and  shall  fix  the  term  of  their  employment  and  compensation. 

Power  to  organize  water  conservation  districts. 

Sec.  3.  The  state  irrigation  board  shall  have  the  power  to  unite  into 
single  districts  in  the  manner  and  for  the  purposes  provided  in  this  act, 
irrigation  districts,  water  storage  districts,  reclamation  districts,  drain- 
age districts  and  other  political  subdivisions  of  the  state,  organized  to 
promote  irrigation,  reclamation  or  drainage,  which  united  districts 
shall  be  known  and  are  herein  referred  to  as  water  conservation  dis- 
tricts; and  the  purposes  of  the  formation  of  such  districts  being 
primarily  to  provide  for  the  storage  of  waters  and  the  development  of 
hydro-electric  energy  in  conjunction  therewith  and  incidental  thereto,  to 
promote  the  irrigation  of  the  lands  therein,  and  in  connection  therewith 
and  incidental  thereto  the  reclamation  and  drainage  and  flood  control 
of  such  lands.  The  legislature  hereby  declares  that  every  such  water 
conservation  district,  formed  as  herein  provided,  is  and  shall  be  an 
irrigation  district  within  the  meaning  of  section  thirteen  of  article 
eleven  of  the  constitution  of  the  State  of  California,  and  within  the 
meaning  of  every  other  provision  of  said  constitution  relating  to  irriga- 
tion districts.  Such  water  conservation  districts  shall  be  composed  of 
three  or  more  units,  all  or  any  of  which  units  shall  be  irrigation  districts, 
water  storage  districts,  reclamation  districts,  drainage  districts,  or 
other  political  subdivisions  of  the  state  organized  to  promote  irrigation, 
reclamation  or  drainage  or  flood  control. 

ORGANIZATION  OF  DISTRICTS. 
Petition  for  organization. 

Sec.  4.  Whenever  three  or  more  of  such  units,  all  or  any  of  which 
units  shall  be  irrigation  districts,  reclamation  districts,  drainage  dis- 
tricts, water  storage  districts  or  other  political  subdivisions  of  the  state 
organized  to  promote  irrigation,  reclamation  or  drainage  or  flood  control 
now  or  hereafter  to  be  formed,  can  use  a  common  system  of  works  and 
all  the  land  situated  therein  be  benefited  by  such  works,  the  governing 
boards  of  any  three  or  more  of  said  units  may  present  a  petition  to  the 
state  irrigation  board  herein  created  for  the  purpose  and  object  of  creat- 
ing a  water  conservation  district.  Said  petition  shall  designate  by  name 
or  otherwise  the  units  joined  in  such  petition  and  the  water  to  be  stored, 
used  or  acquired  and  shall  outline  generally  the  character  and 
location  of  the  proposed  works  and  pray  that  said  units  be  united  in 


124  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

pursuance  of  the  provisions  of  this  act  so  as  to  create  a  water  conserva- 
tion district. 

Said  petition  shall  be  signed  by  the  presiding  officers  and  the  secre- 
tary or  clerk  of  the  governing  board  of  each  of  said  units  under  seal 
of  said  units  so  petitioning  said  state  irrigation  board  to  form  a  water 
conservation  district  as  herein  provided. 

Said  petition  may  be  contained  in  separate  instruments  presented  by 
each  unit  or  may  be  contained  in  one  or  more  instruments  presented 
by  any  or  all  of  said  units.  Such  petition  must  be  accompanied  by  a 
certified  copy  of  a  resolution  of  the  governing  boards  of  each  petition- 
ing unit,  authorizing  the  presiding  officer  and  the  secretary  or  clerk  to 
execute  the  same. 

Said  petition  must  be  accompanied  with  a  good  and  sufficient  under- 
taking or  agreement  to  be  approved  by  the  state  irrigation  board  herein 
created,  conditioned  that  the  sureties  or  signers  shall  pay  all  of  the 
costs  and  expenses  in  connection  with  the  investigation  herein  provided 
for  in  case  said  organization  shall  not  be  finally  effected,  and  said  state 
irrigation  board  herein  created  shall  have  power  to  require  the  furnish- 
ing of  any  additional  undertaking,  or  undertakings,  or  payments  of 
money  in  case  they  should  deem  the  same  necessary :  provided,  however, 
that  the  cost  thereof  shall  not  in  the  aggregate  exceed  in  amount  in 
dollars  one-fourth  the  number  of  acres  in  such  proposed  water  con- 
servation district  and  shall  be  deemed  a  part  of  the  expense  of  said  proj- 
ect, and  said  state  irrigation  board  herein  created  may  require  the  same 
to  be  paid  by  the  proponents  of  said  district,  and  the  sum  so  collected 
and  expended  by  said  state  irrigation  board  <vhall  be  considered  and 
treated  as  a  proper  and  legal  charge  against  the  water  conservation 
district  and  which  shall  be  payable  out  of  the  funds  of  said  water  con- 
servation district  when  the  organization  thereof  has  been  completed. 

If  said  district  for  any  reason  be  not  organized  as  hereinafter  pro- 
vided for,  any  money  remaining  in  the  hands  of  said  state  irrigation 
board  shall  be  returned  to  petitioners. 

Upon  presentation  to  it  of  a  petition  or  petitions,  as  aforesaid  pray- 
ing for  the  formation  of  a  conservation  district,  the  state  irrigation 
board  herein  created  shall  fix  a  time  and  place,  which  place  shall  be 
within  the  county  in  which  the  lands  of  said  proposed  water  conserva- 
tion district  are  situated  and  if  the  lands  of  such  water  conservation 
district  are  situated  in  more  than  one  county,  then  in  any  one  of  such 
counties,  at  which  it  shall  hear  said  petition,  which  time  shall  be  not  less 
than  twenty-five  (25)  days,  nor  more  than  thirty  (30)  days,  after  the 
first  publication  of  the  notice  hereinafter  provided  for  in  section  five 
(5)  of  this  act. 

Notice  of  hearing. 

Sec.  5.  Said  petition  together  with  a  notice  stating  the  time  and 
place  of  the  hearing  so  fixed  by  said  state  irrigation  board  shall  be 
published  in  each  county  in  which  any  of  the  lands  of  said  proposed 
district  are  situated  in  a  newspaper  of  general  circulation,  published 
in  such  county  at  least  once  a  week  for  three  successive  weeks  before  the 
date  of  said  hearing ;  said  notice  shall  be  issued  by  the  said  state  irriga- 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS,  125 

tion  board  herein  created,  shall  refer  to  said  petition  and  shall  be 
directed  to  the  petitioners  therein,  and  to  each  of  the  units  petitioning 
to  form  said  water  conservation  district,  and  to  all  persons  holding  title 
or  evidences  of  title  to  any  lands  included  within  the  water  conservation 
district  proposed  in  said  petition,  and  to  all  persons  having  or  claiming 
any  right,  title  or  interest  in  and  to  the  waters  proposed  to  be  stored, 
acquired  or  used,  as  set  out  in  said  petition,  and  to  all  other  persons  who 
may  be  interested  in  or  affected  by  the  project  contemplated  in  said 
petition,  and  to  all  or  any  persons  in  any  way  interested  in  or  affected 
by  said  petition  or  the  formation  of  said  water  conservation  district,  and 
shall  be  substantially  in  the  following  form : 
Before  the  State  Irrigation  Board  of  the  State  of  California : 

To  the  petitioners  in  the  foregoing  petition  and  to  each  of  the  units 
petitioning  to  form  said  water  conservation  district,  and  to  all  persons 
holding  title  or  evidence  of  title  to  any  lands  included  within  the  water 
conservation  district  proposed  in  said  petition,  and  to  all  persons  having 
or  claiming  any  rights,  title  or  interest  in  and  to  the  waters  proposed  to 
be  stored,  acquired  or  used  as  set  out  in  said  petition,  and  to  all  other 
persons  who  may  be  interested  in  or  affected  by  the  project  contem- 
plated in  said  petition,  and  to  all  or  any  persons  in  any  way  interested 
in  or  affected  by  said  petition  or  the  formation  of  said  water  conserva- 
tion district: 

You  and  each  of  you  are  hereby  notified  that  the  foregoing  petition 

was  filed  with  the  state  irrigation  board  on  the day  of 

,  19__,  and  will  be  heard  by  said  state  irrigation  board  at 

on  the day  of ,  19—,  at  the 

hour  of o'clock m.  of  said  day,  at  which  time  and  place  said 

state  irrigation  board  will  hear  and  receive  evidence  in  support  of  said 
petition  and  any  objections  which  may  be  presented  thereto. 

This  notice  is  given  pursuant  to  the  provisions  of  an  act  approved 
and  known  as  California  water  conservation  dis- 
trict act,  to  which  said  act  particular  reference  is:  hereby  made. 

State  Irrigation  Board, 

By 


Chairman 

By 

Secretary 

Dated 

When  contained  in  more  than  one  instrument  only  one  copy  of  said 
petition  need  be  published  but  the  name  attached  to  all  of  said  instru- 
ments must  appear  in  such  publication. 

Hearing. 

Sec.  6.  At  the  time  and  place  fixed  in  said  notice  the  state  irrigation 
board  shall  proceed  to  hear  said  petition  and  to  determine  whether  or 
not  the  same  complies  with  the  requirements  hereinbefore  set  forth  and 
whether  or  not  the  notice  filed  herein  has  been  published  as  required  and 


126  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

must  hear  all  competent  and  revelant  testimony  offered  in  support  of  or 
in  opposition  thereto. 

Said  hearing  or  any  adjournment  thereof  may  be  conducted  and 
heard  by  any  one  or  more  of  the  members  of  said  state  irrigation  board. 
Said  hearing  may  be  adjourned  from  time  to  time  as  the  state  irrigation 
board  or  any  member  or  members  thereof  conducting  the  same  may 
determine. 

For  the  purpose  of  performing  any  duty  under  this  act  the  chairman 
of  the  state  irrigation  board  may  appoint  one  or  more  of  its  members 
to  conduct  any  hearing  or  investigation.  Such  member  or  members 
shall  make  a  written  report  to  the  state  irrigation  board  of  the  pro- 
ceedings taken  at  such  hearing  and  shall  state  the  evidence  introduced 
at  such  hearing  and  his  or  their  conclusions  thereon. 

Upon  such  report  or  upon  such  further  hearing  as  the  state  irrigation 
board  shall  deem  proper,  the  state  irrigation  board  may  pass  upon  and 
decide  any  question  under  consideration  at  said  hearing.  The  decision 
of  the  state  irrigation  board  shall  be  final  except  as  to  questions,  the 
determination  of  which  are  vested  in  the  courts  by  this  act  or  by  the 
constitution  of  this  state  or  by  the  constitution  of  the  United  States. 

No  defect  in  the  contents  of  the  petition  or  in  the  title  to  or  form  of 
the  notice  or  signatures  to  said  notice  or  petition  shall  vitiate  any  pro- 
ceedings thereon. 

If  there  shall  be  presented  at  such  hearing  or  at  any  time  before  the 
final  order  herein  provided  for  of  the  state  irrigation  board,  a  written 
objection  or  objections  signed  by  the  owners  of  more  than  one-half  of 
the  lands  in  any  such  units  or  constituent  districts,  or  a  majority  in 
numbers  of  the  holders  of  title  or  evidence  of  title,  according  to  the 
equalized  county  assessment  roll  or  rolls  for  the  year  last  preceding, 
the  signing  of  such  petition  by  the  officers  of  such  constituent  district 
or  unit  shall  be  deemed  to  be  nullified,  and  the  state  irrigation  board 
shall  have  no  power  to  include  such  unit  or  district  within  the  proposed 
water  conservation  district. 

WATER  AND  POWER  SURVEY. 
Water  and  power  survey. 

Sec.  7.  The  state  irrigation  board  shall  before  making  a  final  order 
creating  a  water  conservation  district  as  in  this  act  provided,  proceed  to 
make  or  cause  to  be  made  all  such  examinations,  surveys,  estimates  of 
costs  for  the  acquisition,  appropriation,  diversion,  storage,  conservation 
and  distribution  of  water,  any  drainage  or  reclamation  or  flood  control 
works  in  connection  therewith  and  works  for  the  generation  of  hydro- 
electric power  incident  thereto  and  the  sale  and  distribution  thereof,  as 
may  be  necessary  or  requisite  to  enable  said  state  irrigation  board  to 
ascertain  and  estimate  the  requirements  and  works  n^ecessary  for  the 
purpose  of  said  water  conservation  district  as  prayed  for  in  said  petition 
and  the  cost  and  expense  thereof,  and  to  make  a  report  thereon  as 
herein  provided. 

In  such  connection  said  state  irrigation  board  may  use  and  adopt  all 
previous  estimates,  surveys,  reports  and  other  data  it  may  have  acquired 
or  which  are  available  to  it,  adapted  to  that  purpose  and  may  employ  all 
necessary  engineers,  attorneys  and  other  assistants  for  the  accomplish- 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  127 

nient  of  said  purposes,  and  the  cost  thereof  shall  be  deemed  a  part  of 
the  expense  of  the  investigation  and  organization  of  such  water  con- 
servation district  as  provided  in  section  four  hereof,  and  shall  be  a 
charge  against  said  water  conservation  district  if  created. 

Upon  the  completion  of  said  examination  and  study  of  the  proposed 
project  by  said  state  irrigation  board,  said  board  shall  prepare  a  report 
thereof,  in  which  report  shall  be  set  forth  the  character  and  nature  of 
the  proposed  works,  a  description  of  the  rights  to  water,  to  lands,  and 
other  property  necessary  to  be  acquired  to  carry  said  project  to  comple- 
tion, accompanied  by  an  estimate  of  the  cost  of  said  project.  A  copy 
of  such  report  and  estimate  shall  be  kept  on  file  in  the  office  of  the  state 
irrigation  board  and  be  open  to  inspection  during  business  hours  by 
all  interested  persons  or  parties. 

Apportionment  of  water  power,  etc. 

Sec.  8.  The  state  irrigation  board  shall,  before  making  the  final 
order  creating  a  water  conservation  district,  by  order  duly  entered  in 
its  minutes,  apportion  to  each  constituent  district  or  unit  of  said  water 
conservation  district,  the  portion  to  which  it  is  entitled  of  all  the  water 
storage  capacity  in  the  proposed  reservoir,  the  waters  stored  or  to  be 
stored  or  diverted  or  to  be  diverted  by  such  project  for  the  irrigation 
of  the  lands  of  the  water  conservation  district,  and  all  power  developed 
or  to  be  developed  incidental  thereto  or  in  connection  therewith,  and  in 
making  such  apportionment  it  must  take  into  consideration  the  present 
water  rights  and  the  additional  water  necessary  to  perfect  the  irrigation 
of  the  lands  of  each  unit,  and  the  apportionment  of  power  to  each  unit 
shall  be  in  the  same  proportion  to  the  whole  as  its  apportionment  of 
capacity  in  the  reservoir,  which  proportion  of  such  water  and  power 
shall  be  forever  applied  to  the  purpose  and  for  the  benefit  of  such 
constituent  district  or  unit. 

Said  board  shall  likewise  in  such  order  determine,  define,  and  appor- 
tion to  each  of  such  constituent  districts  or  units  the  proportion  of  all 
costs  and  expenses  of  the  project  to  be  paid  by  it,  including  the  costs 
and  expenses  of  said  irrigation  board  in  connection  therewith,  same  to 
be  based  upon  and  in  proportion  to  the  allotment  of  water  storage 
capacity,  water  and  power  apportioned  to  each  unit  plus  the  benefit 
of  reclamation  or  drainage  or  flood  control  to  such  unit,  and  to  each  of 
such  allotments  fifteen  (15)  per  cent  above  the  actual  estimate  shall 
be  added  for  contingencies.  A  copy  of  such  order  duly  certified,  shall 
be  served  on  each  of  the  constituent  districts  or  units  by  delivering  the 
same  to  some  officer  thereof,  and  provided,  that  nothing  herein  con- 
tained shall  be  deemed  to  confer  on  said  state  irrigation  board  or  upon 
any  water  conservation  district  formed  under  the  provisions  of  this 
act  the  right  to  impair  or  deprive  any  person,  corporation  or  district  of 
any  vested  right  in  or  to  anv  water  without  due  process  of  law.  ( Stats. 
1925,  p.  555.) 

APPORTIONMENT  OF  COST. 
Cost  of  work  beneficial  to  particular  district. 

Sec.  9.  When  any  of  the  proposed  works  of  a  water  conservation 
district  will  serve  the  purpose  of  drainage,  flood  control  or  reclamation 


128  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

within  a  constituent  district  or  unit  of  a  water  conservation  district,  the 
state  irrigation  board  may  estimate  the  proportion  of  the  cost  of  said 
construction  which  may  be  properly  charged  to  the  constituent  district 
or  unit  benefited  by  such  drainage,  flood  control  or  reclamation  and 
carry  such  amount  into  the  total  sum  to  be  paid  by  such  constituent 
district  or  unit. 

Election. 

Sec.  10.  After  making  the  order  of  apportionment  provided  for  in 
section  eight  hereof  the  state  irrigation  board  shall  make  an  order 
directing  the  governing  board  of  each  unit  or  constituent  district  to 
call  an  election  to  be  held  on  the  one  hundred  and  twentieth  day  after 
the  making  of  said  order  by  said  irrigation  board  apportioning  the 
benefits  and  costs  and  expenses  as  herein  provided. 

Said  order  of  the  state  irrigation  board  last  above  provided  for  shall 
contain  the  name  of  the  proposed  water  conservation  district  and  shall 
describe  the  territory  embraced  within  such  proposed  water  conserva- 
tion district  by  naming  the  constituent  units  or  districts  proposed  to 
be  joined  therein  as  set  forth  in  the  petition  to  the  state  irrigation  board. 

Upon  receiving  and  filing  a  copj'^  of  said  order  of  said  state  irriga- 
tion board  duly  certified  by  the  secretary  of  said  board,  it  shall  be  the 
duty  of  the  governing  board  of  each  of  said  constituent  districts  or 
units  by  resolution  to  call  said  election  to  be  held,  as  herein  provided. 

The  secretary  of  the  governing  board  of  each  of  said  constituent  dis- 
tricts or  units  shall  give  notice  of  said  election,  which  said  notice  of 
such  election  shall  contain  the  name  of  the  proposed  water  conservation 
district  and  the  description  of  the  territory  embraced  within  such  pro- 
posed water  conservation  district  by  naming  the  constituent  districts 
or  units  proposed  to  be  joined  therein  as  set  forth  in  the  petition  to 
said  state  irrigation  board.  Said  notice  shall  also  state  that  there  shall 
be  submitted  to  the  electors  or  voters  of  each  of  such  units  or  districts 
in  which  such  election  is  held  the  question  as  to  whether  or  not  a  water 
conservation  district  shall  be  organized  under  the  provisions  of  this  act, 
and  shall  require  ballots  to  be  cast  which  shall  contain  the  words 
** Water  Conservation  District — Yes"  and  "Water  Conservation  Dis- 
trict— No"  or  words  equivalent  thereto,  and  shall  require  that  said 
ballots  shall  also  contain  the  words  "Bonds — ^Yes"  and  "Bonds — No" 
or  words  equivalent  thereto,  and  said  notice  shall  also  state  the  amount 
of  bonds  proposed  to  be  issued  to  pay  the  proportion  of  the  costs  and 
expenses  allotted  and  apportioned  to  such  constituent  district  or  unit 
by  the  state  irrigation  board  in  said  order.  Said  notice  shall  also  set 
forth  the  date  upon  which  said  election  is  to  be  held  and  the  time  of 
the  opening  and  closing  of  the  polls  and  shall  specify  the  precincts  in 
the  constituent  district  or  unit  holding  such  election,  which  precincts 
shall  be  the  same  as  those  established  and  existing  in  such  constituent 
district  or  unit  where  such  election  is  held ;  and  in  the  event  none  are 
already  established  and  existing,  then,  prior  to  the  giving  of  said  notice 
qf  said  election,  the  same  are  to  be  fixed  and  established  for  said  election 
by  the  governing  board  of  the  particular  district  or  unit  in  which  the 
same  are  not  already  established  and  existing. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  129 

The  governing  board  of  the  constituent  district  or  unit  holding  said 
election  shall  in  its  resolution  calling  said  election,  fix  and  specify  the 
polling  places  of  each  precinct  and  shall  appoint  one  clerk,  one  inspec- 
tor and  two  judges  from  the  electors  thereof  for  each  polling  place,  who 
shall  constitute  a  board  of  election  for  said  precinct.  Said  polling 
places  and  the  names  of  said  officers  of  said  election  shall  be  specified 
in  said  notice  of  election.  If  a  governing  board  fails  to  appoint  a  board 
of  election,  or  the  members  appointed  do  not  attend  at  the  opening  of 
the  polls  on  the  morning  of  the  election,  the  electors  of  the  precinct 
present  at  that  hour  may  appoint  the  board  or  supply  the  plaoe  of  an 
absent  member  thereof. 

Said  notice  shall  be  posted  for  at  least  two  weeks  prior  to  the  date  of 
election  in  three  public  places  in  each  election  precinct  in  each  con- 
stituent district  or  unit  holding  such  election,  and  published  for  at 
least  once  a  week  for  two  successive  weeks  prior  to  the  date  of  said 
election  in  a  newspaper  of  general  circulation  in  each  county  in  which 
any  of  the  lands  of  such  constituent  districts  or  units  are  located.  At 
such  election  there  shall  be  submitted  to  the  electors  or  voters  in  each 
of  such  units  or  districts  the  question  whether  or  not  a  water  conserva- 
tion district  shall  be  organized  under  the  provision  of  this  act. 

At  such  election  there  shall  also  be  submitted  to  the  electors  or  voters 
in  each  of  such  units  or  districts  the  question  whether  or  not  bonds 
shall  be  issued  and  sold  in  an  amount  sufficient  to  pay  its  proportion  of 
the  costs  and  expenses  allotted  and  apportioned  to  such  unit  by  the 
state  irrigation  board  in  said  order.  The  ballots  to  be  cast  at  said 
election  shall  contain  the  words,  "Water  Conservation  District — Yes" 
and  "Water  Conservation  District — No"  or  words  equivalent  thereto, 
and  said  ballot  shall  also  contain  the  words  "Bonds — Yes"  and  the 
words  "Bonds — No"  or  words  equivalent  thereto. 

No  particular  form  of  ballot  shall  be  required  other  than  as  herein 
specified  and  any  defect  or  informality  in  any  statement  on  said  ballot 
shall  not  invalidate  said  election. 

As  soon  as  all  the  votes  are  counted  a  certificate  shall  be  drawn  upon 
each  of  the  papers  containing  the  poll  lists  and  tallies,  or  attached 
thereto,  stating  the  number  of  votes  each  proposition  voted  on  has 
received,  which  number  shall  be  written  in  figures  and  in  words  at  full 
length.  Each  certificate  shall  be  signed  by  the  clerk,  inspector  and  one 
judge.  One  of  said  certificates  with  the  poll  list  and  tally  paper  to 
which  it  is  attached,  shall  be  retained  by  the  inspector  and  preserved 
by  him  at  least  six  months.  The  ballots  shall  be  strung  upon  a  cord  or 
thread  by  the  inspector  during  the  counting  thereof,  in  the  order  in 
which  they  are  entered  upon  the  tally  lists  by  the  clerks;  and  said 
ballots,  together  with  the  other  of  said  certificates  with  the  poll  list  and 
tally  paper  to  which  it  is  attached,  shall  be  sealed  by  the  inspector  in 
the  presence  of  the  judges  and  clerks  and  endorsed  "Election  returns 
of  (name  of  precinct)  precinct,"  and  be  directed  to  the  secretary  of 
the  governing  board  of  the  constituent  unit  or  district  in  which  said 
vote  is  cast,  and  shall  be  immediately  delivered  by  the  inspector,  or  by 
some  other  safe  and  responsible  carrier  designated  by  said  inspector,  to 
said  secretary  and  tlie  ballots  shall  be  kept  unopened  for  at  least  six 


-40508 


130  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

months;  but  if  any  person  be  of  the  opinion  that  the  vote  of  any 
precinct  has  not  been  correctly  counted,  he  may  appear  on  the  date 
appointed  for  the  governing  board  to  open  and  canvass  the  returns  and 
demand  a  re-count  of  the  vote  of  the  precinct  that  is  so  claimed  to  have 
been  incorrectly  counted,  and  no  list,  tally  paper  or  certificate  returned 
from  any  election  shall  be  set  aside  or  rejected  for  want  of  form  if  it 
can  be  satisfactorily  understood. 

The  governing  board  of  each  constituent  unit  or  district  must  meet 
at  its  usual  place  of  meeting  on  the  second  Monday  after  said  election 
to  canvass  the  returns.  If,  at  the  time  of  meeting,  the  returns  from 
each  precinct  in  a  constituent  district  or  unit  in  which  the  polls  were 
opened,  have  been  received,  the  governing  board  must  then  and  there 
proceed  to  canvass  the  returns;  but  if  all  the  returns  have  not  been 
received  the  canvass  must  be  postponed  from  day  to  day  until  all  the 
returns  have  been  received,  or  until  six  postponements  have  been  had. 
The  canvass  must  be  made  in  public  and  by  opening  the  returns  and 
estimating  the  vote  of  the  district  or  unit  on  each  proposition  submitted 
and  declaring  the  result  thereof. 

Except  as  herein  otherwise  specified,  and  as  nearly  as  practicable,  all 
the  laws,  rules  and  regulations,  and  amendments  and  modifications 
thereto,  governing  the  manner  of  conducting  and  holding  elections  of 
the  particular  constituent  district  or  unit  in  which  the  election  pro- 
vided for  in  this  section  is  held,  shall  apply  to  and  govern  this  election. 

A  majority  vote  in  each  constituent  district  or  unit  shall  be  required 
to  carry  the  election  in  said  district  or  unit  in  favor  of  the  propositions 
submitted  at  said  election  as  to  voting  of  bonds.     (Stats.  1925,  p.  555.) 

Order  establishing  district. 

Sec.  11.  Within  ten  (10)  days  after  such  election  has  been  held 
and  the  result  thereof  determined,  and  declared,  it  shall  be  the  duty 
of  the  governing  board  of  each  petitioning  constituent  district  or  unit, 
to  have  the  secretary  of  said  governing  board  certify  to  the  said  state 
irrigation  board,  the  result  of  such  election,  and  whether  or  not  said 
bonds  have  been  voted,  and  whether  or  not  the  constituent  district  or 
unit  represented  by  said  governing  board,  has  voted  in  favor  of,  or 
against  the  organization  of  said  conservation  district.  Within  ten  (10) 
days  after  the  state  irrigation  board  receives  the  said  certificates  from 
all  of  the  petitioning  units  or  districts,  said  board  shall  enter  an  order 
that  a  conservation  district  is  established  comprising  only  those  districts 
which  have  voted  both  in  favor  of  the  organization  of  said  conservation 
district  and  in  favor  of  the  bonds  at  the  election  held  for  that  pur- 
pose; provided,  that  such  districts  represent  eighty-five  per  cent  or 
more  of  the  apportionment  of  the  project  as  made  in  accordance  with 
the  provisions  of  section  eight  of  this  act. 

Said  irrigation  board  shall  also  in  said  order  apportion  to  the  districts 
or  units  voting  in  favor  of  organization  and  for  bonds  that  portion  of 
the  water  storage  capacity  and  of  the  waters  stored  or  to  be  stored  or 
developed,  and  all  power  developed  or  to  be  developed  which  it  had 
theretofore  apportioned  to  the  districts  or  units  voting  against  organi- 
zation or  bonds,  such  apportionment  to  be  made  to  the  districts  or 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  131 

units  entitled  thereto  in  proportion  to  the  apportionment  theretofore 
made  to  them. 

A  certified  copy  of  said  order  shall  be  served  upon  the  secretary  or 
other  officer  of  the  governing  board  of  each  of  said  constituent  districts 
or  units,  and  a  copy  thereof,  duly  certified,  shall  be  recorded  by  said 
state  irrigation  board,  in  the  office  of  the  county  recorder  of  each  of  the 
counties  in  which  any  of  the  lands,  included  in  said  water  conservation 
district,  are  situated. 

The  board  of  directors  of  each  constituent  district  or  unit  shall  enter 
upon  its  minutes  the  certified  copy  of  said  order  so  received  by  it. 

The  state  irrigation  board  shall  also,  in  said  order  establishing  said 
water  conservation  district,  divide  said  water  conservation  district  into 
three,  five,  seven,  nine  or  eleven  subdivisions,  as  is  most  practicable, 
which  said  subdivisions  shall  be  designated  by  number,  and  in  making 
such  subdivisions,  the  said  board  shall  make  the  same  as  nearly  equal 
in  acreage  as  is  practicable;  provided,  Iwxcever,  that  districts  or  units 
or  parts  thereof,  created  or  formed  under  different  laws  or  acts  of  the 
legislature,  shall  not  be  joined  or  united  into  one  subdivision. 

A  majority  of  the  votes  cast  at  such  election  in  each  particular 
constituent  district  or  unit  shall  be  required  to  carry  the  election  in 
said  district  or  unit  in  favor  of  the  organization  of  a  water  conserva- 
tion district.     (Stats.  1925,  p.  555.) 

BOARD  OF  DIRECTORS. 

Government  of  district;  election  of  directors. 

Sec.  12.  Such  water  conservation  district  shall  be  governed  by  a 
board  of  directors  consisting  of  one  director  elected  from  each  of  said 
subdivisions  in  the  manner  herein  provided.  The  state  irrigation  board 
shall  give  notice  of  an  election  to  be  held  in  each  subdivision  of  such 
water  conservation  district  within  sixty  days  after  the  making  of  said 
final  order  establishing  said  district,  for  the  purpose  of  electing  a  direc- 
tor from  each  subdivision,  and  shall  fix  and  establish  in  said  notice  a 
convenient  number  of  election  precincts  in  each  subdivision  of  said 
water  conservation  district,  and  define  the  boundaries  thereof,  and  at 
least  one  precinct  must  be  established  for  each  subdivision  of  said  water 
conservation  district.  There  shall  also  be  designated  in  said  notice,  a 
voting  place  or  places  in  each  subdivision  and  a  board  of  election  con- 
sisting of  one  clerk,  one  inspector  and  two  judges  for  each  voting  place, 
the  names  of  which  said  officers  of  election  shall  be  specified  in  said 
notice.  Said  notice,  as  to  the  election  in  each  subdivision,  shall  be 
posted  in  three  public  places  in  each  election  precinct,  and  published  in 
a  newspaper  of  general  circulation  published  in  each  county  in  which 
any  of  the  lands  included  within  the  boundaries  of  said  water  conserva- 
tion district  are  situated,  for  at  least  two  weeks  prior  to  the  date  of  said 
election. 

Nominating  petitions  for  directors  to  be  elected  at  such  election  shall 
be  filed  with  the  state  irrigation  board  in  the  manner  hereinafter  pro- 
vided for  filing  of  nomination  petitions  with  the  board  of  directors  of  a 
water  conservation  district. 

As  soon  as  the  polls  are  closed,  the  election  officers  shall  count  votes 
cast  at  such  election,  and  a  certificate  shall  be  drawn  by  said  election 


132  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

officei*s  stating  the  number  of  votes  each  candidate  received,  and  the 
result  of  said  election.  The  certificate  as  aforesaid  shall  be  signed  by 
an  inspector  and  judge  of  such  election  board.  The  election  returns 
shall  be  immediately  delivered  by  the  inspector  or  bj'  some  other  safe 
and  responsible  carrier  designated  by  said  inspector  to  the  secretary  or 
other  officer  of  the  state  irrigation  board.  No  returns  from  election 
shall  be  set  aside  or  rejected  for  want  of  form  if  they  can  be  satis- 
factorily understood. 

On  the  second  ^londay  after  such  election  the  state  irrigation  board 
shall  meet  at  its  usual  place  of  meeting  to  canvass  the  returns.  If  at 
the  time  of  the  meeting  the  returas  from  each  precinct  in  the  water 
conservation  district  in  which  polls  were  opened,  have  been  received, 
the  state  irrigation  board  must  then  and  there  proceed  to  canvass  the 
returns ;  but  if  all  the  returns  have  not  been  received,  the  canvass  must 
be  postponed  from  day  to  day  until  all  the  returns  have  been  received, 
or  until  six  postponements  have  been  had.  The  canvass  must  be  made 
in  public  and  by  opening  the  returns  and  ascertaining  the  vote  of  each 
subdivision  of  the  water  conser\-ation  district  for  each  director  thereof 
voted  for,  and  declaring  the  result  thereof.  The  secretarj^  of  the  state 
irrigation  board  must  immediately  make  out  and  deliver  to  each  person 
elected  a  director  of  a  subdivision  of  the  water  conservation  district  a 
certificate  of  election  signed  by  him  and  authenticated  with  the  seal  of 
said  board  and  shall  designate  a  place  within  the  boundary  of  the  con- 
ser^'ation  district  where  the  first  meeting  of  said  directors  shall  be  held. 
(Stats.  1925,  p.  555.) 

Organization  of  board  of  directors. 

Sec.  13.  The  directors  of  a  water  conservation  district  shall  at  noon 
on  the  second  Tuesday  of  the  first  month  after  their  election  and  quali- 
fication meet  and  organize  as  a  board,  enter  upon  their  official  duties, 
elect  one  of  their  members  as  president  and  appoint  a  secretary  and  a 
treasurer,  neither  of  whom  shall  be  a  member  of  said  board,  and  all  of 
whom  shall  hold  office  at  the  pleasure  of  the  board.  The  board  shall 
select  and  designate  an  office  of  the  board,  which  shall  be  in  one  of  the 
counties  in  which  any  of  the  lands  of  the  water  conservation  district  is 
situat-ed,  which  shall  also  be  the  office  of  the  district,  at  which  the  board 
shall  thereafter  hold  its  meetings. 

The  salary  of  the  secretary  and  the  treasurer  and  the  amount  of  the 
bond  to  be  given  by  each  for  the  faithful  performance  of  their  duties 
shall  be  fixed  by  the  board  of  directors.  The  board  shall  then  proceed 
to  clas.sify  themselves  by  lot  into  two  classes  as  nearly  equal  in  number 
as  possible,  and  the  t-erm  of  office  of  the  class  having  the  lesser  number 
shall  expire  at  noon  on  the  second  Tuesday  in  ^larch  followins:  the  next 
general  February  election  provided  for  in  this  .section  of  this  act  and 
the  term  of  office  of  the  class  having  the  greater  number  shall  terminate 
at  noon  on  the  second  Tuesday  in  ^larch  following  the  next  general 
election  thereafter. 

An  election  which  shall  be  known  as  the  general  water  conservation 
district  election,  shall  be  held  in  each  water  conservation  district  on  the 
first  Wedne.sdav  in  February  of  each  odd-numbered  vear  at  which  a 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  133 

successor  shall  be  chosen  to  each  director  whose  term  of  office  shall 
expire  at  noon  on  the  second  Tuesday  in  March  next  thereafter.  The 
term  of  office  of  each  director  of  the  district  elected  after  the  election 
on  organization  provided  for  in  section  twelve  of  this  act  shall  be  four 
(4)  years  or  until  his  successor  is  elected  and  has  qualified. 

In  case  of  vacancy  in  the  office  of  director,  the  state  engineer  shall 
appoint  some  person  qualified  by  law  to  fill  such  vacancy  for  the 
unexpired  term.  No  director  shall  be  elected  by  the  water  conservation 
district  at  large,  but  one  director  shall  be  elected  from  each  subdivision 
to  represent  such  subdivision. 

Each  director  from  each  subdivision  shall  be  a  freeholder  in  the  sub- 
division h«  represents. 

A  director  or  any  other  official  of  any  constituent  district  or  unit 
shall  be  eligible  to  hold  the  office  of  director  of  a  water  conservation 
district. 

"Within  ten  days  after  receiving  their  certificates  of  election  or 
appointments  herein  provided  for,  each  member  of  the  board  of  direc- 
tors shall  take  and  subscribe  the  official  oath,  and  file  the  same  in  the 
office  of  the  board  of  directors,  and  execute  the  bond  herein  provided 
for.  Each  member  of  said  board  of  directors  shall  execute  an  official 
bond  in  the  sum  of  $5,000  which  said  bond  shall  be  approved  by  a  judge 
of  the  superior  court  of  the  county  in  which  the  office  of  the  board  is 
located,  and  shall  be  recorded  in  the  office  of  the  county  recorder  of  such 
county,  and  filed  with  the  secretary  of  said  board,  except  that  the 
official  oath  and  bond  of  each  director  elected  at  the  first  election  of 
directors  shall  be  filed  with  the  state  irrigation  board.  All  official  bonds 
herein  provided  for  shall  be  in  the  form  prescribed  by  law  for  the 
official  bonds  of  county  officers  and  the  premiums  thereon  may  be  paid 
by  the  water  conservation  district.     (Stats.  1925,  p.  555.) 

Nomination  and  election  of  directors. 

Sec.  14.  Not  less  than  ten  (10)  days  before  the  election  of  directors 
any  ten  (10)  or  more  qualified  voters  in  any  subdivision  of  the  water 
conservation  district  may  file  with  the  board  of  directors  of  the  water 
conservation  district  a  petition  requesting  that  a  certain  person  or  per- 
sons specified  in  such  petition  be  placed  on  the  ballot  as  a  candidate  or 
candidates  for  the  office  named  in  the  petition.  The  name  or  names  pro- 
posed by  the  various  petitions  so  filed,  and  no  others,  shall  be  printed 
on  the  ballot ;  but  there  shall  be  sufficient  blank  spaces  left  in  which 
voters  may  write  other  names,  if  they  so  desire.  The  petitions  shall  be 
preserved  in  the  office  of  the  board  of  directors  of  the  water  conserva- 
tion district. 

Thirty  days  before  an  election  to  be  held  und-er  section  thirteen  of  this 
act  the  secretary  of  the  board  of  directors  of  a  water  conservation  dis- 
trict shall  cause  notices  to  be  posted  in  three  public  places  in  each 
election  precinct  of  the  time  and  place  of  holding  the  election,  and  shall 
also  post  a  general  notice  of  the  same  in  the  office  of  said  board,  which 
shall  be  established  and  kept  at  some  fixed  place  to  be  determined  by 
said  board,  specifying  the  polling  places  of  each  precinct.  Prior  to 
the  time  for  posting  the  notices,  the  board  must  appoint  for  each 


134  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

precinct  from  the  electors  thereof  a  clerk,  an  inspector  and  two  judges, 
who  shall  constitute  a  board  of  election  for  such  precinct.  If  the  board 
fails  to  appoint  a  board  of  election,  or  the  members  appointed  do  not 
attend  at  the  opening  of  the  polls  on  the  morning  of  the  election,  the 
electors  of  the  precinct  present  at  that  hour  may  appoint  the  board,  or 
supply  the  place  of  an  absent  member  thereof.  The  board  of  directors 
must,  in  its  order  appointing  the  board  of  election  designate  the  house 
or  place  within  the  precinct  where  the  election  must  be  held. 

The  ballot  used  at  the  election  of  directors  of  a  water  conservation 
district,  after  the  election  of  directors  on  organization,  shall  be  pro- 
vided by  the  board  of  directors  of  a  water  conservation  district,  and 
one  of  the  judges  of  election  at  every  election  of  directors  of  a  water 
conservation  district  shall  deliver  to  each  of  the  qualified  voters  one 
of  the  ballots  so  provided.  The  ballots  to  be  used  in  each  subdivision 
for  the  election  of  a  director  from  said  subdivision  shall  have  printed 
on  them  the  names  of  all  candidates  whose  names  have  been  filed  as 
provided  in  this  act,  with  a  voting  square  behind  each  name ;  pravided, 
that  the  ballots  in  each  subdivision  of  the  water  conservation  district 
shall  have  on  them  the  names  of  the  persons  to  be  voted  for  as  director 
to  represent  that  subdivision  only. 

As  soon  as  the  polls  are  closed,  the  election  officers  shall  count  the 
votes  cast  at  such  election,  and  a  certificate  shall  be  drawn  by  said 
election  officers  stating  the  number  of  votes  each  candidate  received, 
and  the  result  of  said  election.  The  certificate  as  aforesaid  shall  be 
signed  by  an  inspector  and  judge  of  such  election  board.  The  election 
returns  shall  be  immediately  delivered  by  the  inspector  or  by  some  other 
safe  and  responsible  carrier  designated  by  said  inspector  to  the  secre- 
tary or  other  officer  of  the  water  conservation  district  board.  No 
returns  from  election  shall  be  set  aside  or  rejected  for  want  of  form  if 
they  can  be  satisfactorily  understood.  The  board  of  directors  of  the 
water  conservation  district  must  meet  at  the  usual  place  of  meeting  on 
the  first  Monday  after  election  to  canvass  the  returns.  If,  at  the  time 
of  meeting,  the  returns  from  each  precinct  in  the  district  in  which  the 
polls  were  opened  have  been  received,  the  board  of  directors  must  then 
and  th«re  proceed  to  canvass  the  returns ;  but  if  all  the  returns  have  not 
been  received  the  canvass  must  be  postponed  from  day  to  day  until  all 
the  returns  have  been  received  or  until  six  (6)  postponements  have  been 
made.  The  canvass  must  be  made  in  public  and  by  opening  the  returns 
and  ascertaining  the  vote  of  each  subdivision  of  the  water  conservation 
district  for  each  director  voted  for  and  declaring  the  result  thereof. 

The  person  receiving  the  highest  number  of  votes  in  any  election  held 
in  a  subdivision  of  a  water  conservation  district  for  the  election  of 
directors  shall  be  elected  as  director. 

The  secretary  of  the  water  conservation  district  must  immediately 
make  out  and  deliver  to  each  person  elected  a  director  of  a  subdivision 
of  the  water  conservation  district  a  certificate  of  election  signed  by  him 
and  authenticated  with  the  seal  of  said  water  conservation  district. 

At  all  elections  held  under  the  provisions  of  this  act,  including  the 
election  for  organization  of  a  water  conservation  district,  the  polls 
shall  be  opened  at  eight  o'clock  a.m.  and  remain  open  until  six  o'clock 
p.m.    The  inspector  shall  be  chairman  of  the  election  Iward  and  may 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  135 

administer  all  oaths  required  in  the  process  of  an  election;  and 
appoint  judges,  if,  during  the  progress  of  the  election,  any  judge 
ceases  to  act.  Any  member  of  the  board  of  election  may  administer  and 
certify  oaths  required  to  be  administered  during  the  progress  of  an 
election.  Before  opening  the  polls,  each  member  of  the  board  must  take 
and  subscribe  an  oath  to  faithfully  perform  the  duties  imposed  upon 
him  by  law.  Any  voter  of  the  precinct  may  administer  and  certify 
such  oath.  The  board  of  directors  of  a  water  conservation  district 
shall  establish  a  convenient  number  of  election  precincts  in  each  sub- 
division of  a  water  conservation  district  and  define  the  boundaries 
thereof,  and  at  least  one  such  precinct  must  be  established  for  each 
subdivision  of  said  water  conservation  district,  and  said  board  when- 
ever it  is  deemed  advi.sable  for  the  best  interests  of  said  district  and 
the  convenience  of  the  voters  may  at  any  time,  but  not  less  than  sixty 
days  before  an  election  to  be  held  in  the  district,  change  the  boundaries 
of  any  such  election  precincts,  which  changes  when  made  must  be 
entered  upon  the  minutes  of  the  board. 

Except  as  herein  otherwise  provided,  the  manner  of  conducting  and 
holding  elections  of  a  water  conservation  district,  including  the  first 
election  of  directors,  the  qualifications  of  voters  and  the  necessary 
number  of  votes  to  carry  any  proposition  "submitted  at  any  election, 
shall  be  governed,  as  to  each  subdivision  of  said  water  conservation 
district,  by  the  same  laws,  rules  and  regulations  and  amendments  and 
modifications  thereto  of  the  particular  district  or  districts,  or  unit  or 
units,  composing  such  subdivision.     (Stats.  1925,  p.  555.) 

ISSUANCE  OF  BONDS. 
Issuance  of  bonds. 

Sec.  15.  Except  as  herein  otherwise  provided,  all  the  laws,  rules  and 
regulations  and  amendments  and  modifications  thereto  governing  the 
voting,  issuance,  sale,  form,  contents,  terms  and  conditions  of  bonds  of 
each  particular  unit  or  district  in  which  the  same  are  voted  and  issued 
shall  apply  to  and  govern  the  voting,  issuance,  sale,  form,  contents, 
terms  and  conditions  of  the  bonds  herein  authorized. 

Except  as  herein  otherwise  provided,  the  manner  of  conducting  and 
holding  elections,  qualification  of  voters,  the  necessary  number  of  votes 
to  carry  any  proposition  submitted  at  any  election  shall  be  governed 
by  the  same  laws,  rules  and  regulations  and  amendments  and  modifica- 
tions thereto  of  the  particular  district  or  unit  in  which  said  election  is 
held. 

Issuance  and  sale  of  water  storage  district' bonds;  assessment  of  costs. 

Sec.  15fl.  Whenever  at  any  election  called  pursuant  to  the  provi- 
sions of  section  ten  of  this  act  the  majority  of  the  votes  cast  in  any 
water  storage  district  unit  of  a  proposed  water  conservation  district 
shall  be  in  favor  of  the  organization  of  the  proposed  water  conservation 
district,  and  also  in  favor  of  said  water  storage  district  unit  issuing 
and  selling  bonds  for  the  purpose  of  said  proposed  water  conservation 
district,  and  the  state  irrigation  board  shall  enter  its  order  as  in  this 
act  is  provided,  that  said  water  conservation  district  is  established, 
tlien  the  said  election  so  held  in  any  such  water  storage  district  unit 


136  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

shall  be  in  all  respects  as  effective  to  authorize  a  bond  issue  of  any  such 
water  storage  district  unit  as  an  election  called  and  held  under  section 
twenty-four  of  the  water  storage  district  act,  and  the  board  of  directors 
of  such  w^ater  storage  district  unit  shall  cause  bonds  in  the  amount 
stated  in  the  order  for  such  election,  to  be  executed  and  delivered  to 
the  treasurer  of  said  water  storage  district  to  the  credit  of  the  water 
conservation  district  fund  of  said  water  storage  district  unit  in  the 
manner  and  form  and  to  the  same  effect  as  though  said  bonds  had 
been  authorized  and  issued  after  instead  of  before  an  assessment  had 
been  levied  on  the  lands  within  such  water  storage  district  benefited  by 
said  water  conservation  district  project  in  the  amount  stated  in  said 
order  calling  said  election,  which  amount  shall  be  that  apportioned  to 
such  water  storage  district  in  the  order  of  the  state  irrigation  board 
apportioning  to  the  several  units  in  such  proposed  water  conservation 
district  its  proportion  of  all  the  costs  and  expenses  of  the  project  of 
said  proposed  water  conservation  district. 

The  treasurer  of  such  water  storage  district  shall  sell  said  bonds  in 
the  manner  provided  in  section  twenty-four  of  said  water  storage  dis- 
trict act,  and  the  proceeds  of  sale  of  said  bonds  shall  be  placed  in  the 
water  conservation  district  fund  of  said  water  storage  district.  Any 
sale  by  such  treasurer  and  delivery  of  the  bonds  thereunder  shall  be 
conclusive  evidence  in  favor  of  the  purchaser  and  all  subsequent 
holders  of  the  bonds,  that  such  sale  was  made  upon  due  authority  and 
notice. 

Whenever  the  state  irrigation  board  shall  have  made  its  order  that 
a  water  conservation  district  is  established,  with  one  or  more  water 
storage  district  units  therein,  the  state  engineer  shall  forthwith  appoint 
three  commissioners  in  each  such  water  storage  district  unit,  whose 
duty  it  shall  be  to  assess  the  proportion  of  the  costs  of  the  water  con- 
servation district  project  apportioned  to  such  water  storage  district 
unit  by  the  state  irrigation  board  in  its  final  order  of  apportionment 
upon  the  benefited  lands  within  such  water  storage  district  unit  which 
shall  be  done  in  the  same  manner  and  with  the  same  effect  as  though 
said  project  had  been  approved  by  a  majority  of  the  votes  cast  at  an 
election  called  and  held  as  provided  in  section  nineteen  of  said  water 
storage  district  act.  The  state  irrigation  board  shall  furnish  the  board 
of  directors  of  each  water  storage  district  unit  two  correct  copies  of 
the  report  and  estimate  required  to  be  kept  on  file  in  the  office  of  the 
state  irrigation  board  by  section  seven  of  this  act  and  of  the  order 
required  to  be  made  by  section  eight  of  this  act.  and  the  said  commis- 
sioners shall  receive  from  the  board  of  directors  of  the  water  storage 
district  unit  one  of  said  copies  in  the  place  of  the  detailed  plans,  speci- 
fications and  estimates  of  the  costs  of  the  project  provided  to  be 
delivered  to  them  by  section  nineteen  of  the  water  storage  district  act, 
and  the  rolls  prepared  by  said  commissioners  when  completed  shall  be 
accompanied  by  the  written  report  of  the  commissioners  wherein  is 
set  out  with  particularity  the  exact  nature  and  quantum  of  the  benefits 
so  assessed  to  the  benefited  lands  of  the  district  in  the  project  of  such 
water  conservation  district  apportioned  and  allotted  to  each  such  tract 
of  land  in  said  water  storage  district  unit,  including  any  benefits 
through  any  drainage  or  reclam.ation  work  connected  therewith.     In 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  137 

such  report  lands  embraced  within  a  eompreheni?ive  area  or  a  political 
subdivision  of  the  state  may  be  referred  to  generally  as  lands  lying 
within  such  area  or  subdivision  without  further  description.  In  other 
respects  said  rolls  and  report,  and  proceedings  with  relation  thereto  up 
to  the  filing  of  the  same  with  the  county  treasurer,  shall  conform  as 
near  as  may  be  to  the  requirements  of  said  section  nineteen  of  said 
water  storage  district  act. 

When  the  board  of  directors  of  such  water  storage  district  unit  shall 
file  with  the  county  treasurer  of  a  county  ^vithin  such  district  the 
assessment  list  or  roll  as  finally  approved  as  provided  in  said  water 
storage  district  act,  the  charges  assessed  thereby  upon  the  several  tracts 
of  land  within  the  county  shall  constitute  a  lien  thereon,  which  shall  be 
prior  to  all  other  liens  except  state,  county  and  municipal  taxes,  and 
assessments  or  taxes  levied  or  assessed  by  or  under  statutory  authority, 
and  shall  impart  notice  thereof  to  all  persons. 

All  moneys  collected  by  a  county  treasurer  upon  any  assessment 
levied  as  in  this  section  provided,  including  all  moneys  derived  from 
the  sale  of  land  for  delinquent  installments  or  from  redemption  thereof, 
or  from  the  sale  of  lands  bought  by  such  treasurer  at  any  such  sale  as 
trustee  of  the  water'  conservation  district  bond  fund  of  the  water 
storage  district,  shall  be  by  such  treasurer  forthwith  paid  into  the 
county  treasury  of  the  county  from  which  the  same  arose,  to  the  credit 
of  a  water  conservation  district  bond  fund  which  shall  be  created  by 
such  water  storage  district,  and  shall  be  used  exclusively  for  the  pay- 
ment of  principal  and  interest  of  said  bonds  issued  on  account  of  said 
water  conservation  district  bond  fund.  Where  bonds  of  such  water 
storage  district  have  been  issued  as  herein  provided,  no  act  or  conduct 
on  the  part  of  the  board  of  directors  of  said  water  storage  district  or 
any  officer  mentioned  in  said  water  storage  district  act,  or  in  this  act, 
shall  invalidate  any  assessment  herein  authorized  to  be  made  after  the 
same  shall  have  become  a  lien  in  the  manner  herein  provided. 

It  is  the  purpose  of  this  section  to  provide  that  any  water  storage 
district  which  may  become  a  unit  in  a  water  conservation  district,  may 
authorize  a  bond  issue  as  in  this  act  provided,  before  it  shall  have 
levied  an  assessment  upon  the  benefited  lands  in  said  water  storage 
district,  and  that  it  may  thereafter,  by  proceedings  hereunder,  levy  an 
assessment  upon  the  benefited  lands  to  secure  the  payment  of  the 
bonds  so  issued  as  herein  provided,  and  this  section  shall  be  liberally 
construed  to  accomplish  that  purpose.     (Added  Stats.  1925,  p.  555.) 

Issuance  and  sale  of  reclamation  district  bonds;  assessment  of  costs. 

Sec.  15&.  Whenever  at  any  election  called  pursuant  to  the  provi- 
sions of  section  ten  of  this  act  the  majority  of  the  votes  cast  in  any 
i-cclamation  district  unit  of  a  proposed  water  conservation  district 
shall  be  in  favor  of  the  organization  of  the  proposed  water  conservation 
district,  and  also  in  favor  of  said  reclamation  district  unit  issuing  and 
selling  bonds  in  the  amount  allotted  and  apportioned  to  it  by  said  state 
irrigation  board  for  the  purposes  of  said  proposed  water  conservation 
district,  and  the  state  irrigation  board  shall  enter  its  order,  that  said 
water  conservation  district  be  established,  then  the  said  election  so 


138  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

held  in  any  such  reclamation  district  units  shall  be  and  the  same  is 
as  effective  to  authorize  the  issuance  of  said  bonds  of  any  such  reclama- 
tion district  unit  as  an  election  called  and  held  under  section  three 
thousand  four  hundred  eighty  of  the  Political  Code,  and  the  board  of 
trustees  of  such  reclamation  district  unit  shall  cause  bonds  in  the 
amount  stated  in  the  order  for  such  election,  to  be  executed  and 
delivered  to  the  treasurer  of  the  county  in  which  said  reclamation  dis- 
trict or  the  larger  part  thereof  is  situated  in  the  manner  and  form 
provided  by  section  three  thousand  four  hundred  eighty  of  the  Political 
Code,  and  to  the  same  effect  as  though  said  bonds  had  been  authorized 
and  issued  after  instead  of  before  an  assessment  had  been  levied  on  the 
lands  within  said  reclamation  district  benefited  by  said  water  conserva- 
tion district  project.  Said  bonds  and  the  proceeds  thereof  shall  be 
held  by  said  treasurer  to  the  credit  of  said  reclamation  district  in  a 
fund  to  be  known  and  designated  as  the  water  conservation  district 
fund. 

The  treasurer  of  said  county  shall  sell  said  bonds  in  the  manner 
provided  in  section  three  thousand  four  hundred  eighty  of  the  Political 
Code  for  the  sale  of  the  bonds  of  a  reclamation  district,  and  the  pro- 
ceeds of  the  sale  of  said  bonds  shall  be  placed  in  the  treasury  of  said 
county  to  the  credit  of  the  water  conservation  district  fund  of  said 
reclamation  district.  Any  sale  by  such  treasurer  and  delivery  of  the 
bonds  thereunder,  shall  he  conclusive  evidence  in  favor  of  the  pur- 
chaser and  all  subsequent  holders  of  bonds  that  such  sale  was  made 
upon  due  authority  and  notice. 

Whenever  the  state  irrigation  board  shall  have  made  its  order  that 
a  water  conservation  district  is  established  with  one  or  more  reclama- 
tion district  units  therein,  the  board  of  supervisors  of  the  county  in 
which  the  said  reclamation  district  or  the  greater  part  thereof  is 
situated,  shall  forthwith  appoint  three  (3)  commissioners  in  each  such 
reclamation  district  unit,  who  shall  qualify  as  provided  in  section  three 
thousand  four  hundred  and  fifty-five  of  the  Political  Code.  Said  com- 
missioners shall  assess  the  proportion  of  the  costs  of  the  water  con- 
servation district  project  apportioned  to  such  reclamation  district  unit 
by  the  state  irrigation  board  in  its  final  order  of  apportionment  upon 
the  benefited  lands  within  such  reclamation  district  unit,  which  shall 
be  done  in  the  same  manner  and  with  the  same  effect  as  though  the 
plan  or  plans  of  said  water  conservation  district  project  had  been 
prepared  and  approved  in  the  manner  provided  in  section  three  thou- 
sand four  hundred  fifty-five  of  the  Political  Code,  and  no  hearing  on 
said  plans  shall  be  held  by,  and  no  approval  of  said  plans  shall  be 
required  or  made  by  either  the  reclamation  board  of  the  Sacramento 
and  San  Joaquin  drainage  district  or  by  the  board  of  supervisors  of 
the  main  county  of  said  reclamation  district,  but  the  said  election  held 
in  said  reclamation  district  unit  pursuant  to  the  provisions  of  this  act 
shall  constitute  a  final  approval  of  said  project  and  of  the  part  therein 
apportioned  to  said  reclamation  district  unit. 

The  state  irrigation  board  shall  furnish  the  board  of  trustees  of 
each  reclamation  district  unit  three  (3)  correct  copies  of  the  report 
and  estimate  required  to  be  kept  on  file  in  the  office  of  the  state 


CALIFORNU   IRRIGATION    DISTRICT   LAWS.  139 

irrigation  board  by  section  seven,  and  three  (3)  copies  of  the  order 
required  by  section  eight  of  this  act.  Said  board  of  trustees  shall  file 
one  of  each  of  said  copies  of  said  report  and  order  with  the  secretary 
of  said  reclamation  district,  one  each  of  said  copies  with  the  clerk  of 
the  board  of  supervisors  of  the  main  county  of  said  reclamation  district, 
and  the  said  commissioners  shall  receive  from  the  board  of  trustees 
of  the  reclamation  district  unit  one  of  said  copies  of  said  report  and 
order  in  place  of  the  plan  or  plans  of  the  works  of  reclamation,  and 
the  estimation  of  the  costs  of  the  contemplated  works  of  the  district 
provided  to  be  made  and  reported  to  the  board  of  supervisors  by  sec- 
tion three  thousand  four  hundred  fifty-five  of  the  Political  Code. 

Said  commissioners  shall  thereupon  view  and  assess  upon  the  land 
within  said  reclamation  district  unit  the  said  sum  apportioned  to  such 
reclamation  district  unit  by  the  state  irrigation  board  in  its  final  order 
of  apportionment,  and  shall  apportion  the  same  according  to  the  benefits 
that  will  accrue  to  each  tract  of  land  in  said  irrigation  district  unit 
respectively  by  reason  of  the  expenditures  of  said  sums  of  money,  and 
shall  estimate  the  same  in  gold  coin  of  the  United  States,  and  shall  file 
with  the  clerk  of  the  board  of  supervisors  of  the  main  county  of  said 
"reclamation  district  an  assessment  list  in  the  manner  and  form  required 
by  the  Political  Code  for  reclamation  district  assessments  where  the 
reclamation  district  is  situated  wholly  outside  of  the  Sacramento  and 
San  Joaquin  drainage  district.  In  addition  to  the  matters  required  by 
the  Political  Code  to  be  s«t  forth  in  said  assessment  lists,  said  com- 
missioners shall  set  forth  in  said  lists  the  proportionate  right  of  each 
assessed  parcel  of  land  in  the  share  of  said  reclamation  district  unit 
in  the  project  of  said  water  conservation  district. 

The  said  board  of  supervisors  shall  thereupon  appoint  a  time  for 
hearing  objections  to  the  report  and  assessment  lists  of  said  commis- 
sioners; cause  notice  of  said  time  and  place  of  said  hearing;  hear  and 
act  on  objections  filed  thereto  until  the  amount  of  each  assessment 
shall  finally  be  fixed;  shall  then  make  an  order  approving  said  report 
and  assessment  list  and  shall  endorse  such  order  upon  said  assessment 
lists,  which  said  endorsement  shall  be  signed  by  the  chairman  of  said 
board  of  supervisors  and  attested  by  the  clerk  thereof,  all  in  the 
manner  and  form  required  by  section  three  thousand  four  hundred 
sixty-two  of  the  Political  Code  for  hearing,  equalizing,  adjusting  and 
finally  determining  assessments  of  reclamation  districts,  and  such 
decision  of  said  board  of  supervisors  shall  be  final  and  thereafter  said 
assessment  list  shall  be  conclusive  evidence  that  the  said  assessment 
list  has  been  made  and  levied  according  to  law,  except  in  an  action 
commenced  as  provided  in  section  three  thousand  four  hundred  sixty- 
two  of  the  Political  Code.  The  assessment  lists  shall  then  be  filed 
with  the  county  treasurer  or  if  the  reclamation  district  is  situated  in 
more  than  one  county,  then  the  original  list  must  be  filed  with  the 
county  treasurer  of  the  county  where  the  greater  portion  of  the  lands 
of  said  district  is  situated,  and  copies  thereof  certified  by  the  treasurer 
must  be  filed  with  the  treasurer  of  each  of  the  other  counties.  When 
the  board  of  supervisors  shall  have  finally  taken  action  modifying  or 
approving  any  assessment  lists  as  provided  herein  and  in  section  three 


140  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

thousand  four  hundred  sixty-two  of  said  Political  Code,  the  charges 
assessed  thereby  upon  tracts  of  land  within  the  county  shall  constitute 
a  lien  thereon  and  shall  impart  notice  thereof  to  all  persons,  and  in 
the  event  of  the  conveyance  of  a  part  of  a  tract  of  land  in  said  district 
and  in  the  absence  of  any  provision  in  the  instrument  conveying  the 
same,  said  lands  so  conveyed  shall  be  deemed  to  share  ratably  in  the 
benefits  apportioned  to  the  entire  tract. 

The  sums  so  assessed  must  be  collected  and  paid  into  the  county 
treasury,  as  in  section  three  thousand  four  hundred  eighty  of  the 
Political  Code  provided,  and  be  placed  by  the  treasurer  to  the  credit 
of  the  water  conservation  district  fund  of  said  reclamation  district 
unit  for  the  purpose  of  paying  the  principal  and  interest  of  such  bonds 
and  for  no  other  purpose.  All  proceedings  for  the  sale  of  lands  for 
delinquent  assessments  and  the  redemption  of  such  lands  shall  be  in 
accordance  with  the  provisions  of  section  three  thousand  four  hundred 
eighty  of  the  Political  Code. 

Where  bonds  of  such  reclamation  district  unit  have  been  issued  as 
provided  herein,  no  act  or  conduct  on  the  part  of  the  board  of  trustees 
of  said  reclamation  district  or  any  officer  mentioned  in  article  two, 
chapter  one,  title  eight,  part  three  of  the  Political  Code  or  this  act 
shall  invalidate  any  assessment  herein  authorized  to  be  made  after 
the  same  shall  have  become  a  lien  in  the  manner  provided  herein; 
but  such  trustees  may  be  compelled  by  mandate  or  other  proper 
proceedings  to  perform  their  duties  as  required  by  law. 

It  is  the  purpose  of  this  section  to  pro^^de  that  any  reclamation 
district  which  may  become  a  unit  in  a  water  conservation  district  may 
authorize  a  bond  issue  as  in  this  act  provided,  before  it  shall  have 
levied  an  assessment  upon  the  benefited  lands  in  said  reclamation 
district,  and  that  it  may  hereafter,  bj'^  proceedings  hereunder,  levy 
an  assessment  upon  the  benefited  lands  to  secure  the  payment  of  the 
bonds  so  issued  as  herein  provided,  and  this  section  shall  be  liberally 
construed  to  accomplish  that  purpose.     (Added  Stats.  1925,  p.  555.) 

Directors — compensation  and  meetings  of. 

Sec.  16.  The  directors  when  sitting  as  a  board  or  acting  under  the 
orders  of  the  board  shall  receive  not  to  exceed  ten  (10)  dollars  per  day 
and  twelve  (12)  cents  per  mile  for  each  mile  traveled  from  his  place  of 
residence  to  the  office  of  the  board,  such  mileage  to  be  computed  by  the 
shortest  traveled  route,  and  all  necessary  expenses  paid  while  engaged 
in  official  business  under  orders  of  the  board. 

The  board  of  directors  shall  hold  a  regular  meeting  on  the  second 
Tuesday  of  each  month  at  the  place  selected  as  the  office  of  the  board; 
provided,  that  the  board  may,  by  resolution  duly  entered  upon  its  min- 
utes, fix  any  other  time  as  the  time  for  its  regular  monthly  meeting,  but 
no  change  in  the  time  of  holding  regular  meetings  of  the  board  shall  be 
made  until  after  the  resolution  proposing  such  change  has  been  pub- 
lished once  a  week  for  two  successive  weeks  in  a  newspaper  published  in 
the  county  in  which  the  office  of  the  district  is  located.  Such  special 
meetings  of  the  board  of  directors  may  be  held  as  may  be  required  for 
the  proper  transaction  of  the  business  of  the  district,  but  a  special  meet- 
ing must  be  ordered  by  a  majority  of  the  board.  The  order  must  be 
entered  of  record,  and  three  days  notice  thereof  must  be  given  by  the 
secretary  to  each  director  not  joining  in  the  order.     The  order  must 


CALIFORNIA   LRRIQATION    DISTRICT   LAWS.  141 

specify  the  business  to  be  transacted  and  no  other  business  than  that 
specified  in  the  order  may  be  transacted,  at  such  special  meeting,  unless 
all  the  members  are  present  and  consent  to  the  consideration  of  any 
business  not  specified  in  said  order.  All  meetings  of  the  board  must  be 
public  and  a  majority  of  the  members  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  on  all  questions  requiring  a  vote,  except  a 
motion  to  adjourn,  or  a  motion  to  adjourn  to  a  stated  time,  there  shall 
be  a  concurrence  of  at  least  the  number  constituting  a  quorum.  A 
smaller  number  of  directors  than  a  quorum  may  adjourn  from  day  to 
day.  All  records  of  the  board  shall  be  open  to  public  inspection  during 
business  hours.  Whenever  any  act  is  required  to  be  done  or  proceeding 
taken  by  this  act,  or  by  an  act  supplemental  or  amendatory  thereto,  on 
the  second  Tuesday  in  any  month,  such  act  may  be  had  or  proceedings 
had  upon  the  day  specified  in  the  resolution  hereinbefore  referred  to 
as  the  time  for  the  regular  meeting  of  the  board  of  directors. 

Water  and  power  survey  by  directors. 

Sec.  17.  The  board  of  directors  of  a  water  conservation  district  shall, 
as  soon  as  it  is  organized,  proceed  to  make  or  cause  to  be  made  all  such 
examinations,  surveys,  plans  and  specifications  and  estimates  of  costs 
for  the  acquisition,  appropriation,  diversion,  storage,  conservation  and 
distribution  of  water,  any  drainage  or  reclamation  works  connected 
therewith  and  the  generation  of  hydro-electric  energy  incident  thereto 
and  the  sale  and  distribution  thereof  as  may  be  necessary  or  requisite 
to  enable  said  board  to  ascertain  and  estimate  the  requirements  and 
works  necessary  for  the  purposes  of  said  water  conservation  district,  as 
prayed  for  in  said  petition  and  the  cost  and  expense  thereof,  and  to 
make  a  report  thereof  as  herein  provided. 

In  such  connection  said  board  may  use  and  adopt  all  previous  esti- 
mates, surveys,  reports  and  other  data  it  may  have  acquired  or  which 
are  available  to  it  adapted  to  that  purpose,  and  may  employ  all  necessary 
engineers,  attorneys  and  other  assistants  for  the  accomplishment  of  said 
purposes,  and  the  cost  thereof  shall  be  deemed  a  part  of  the  expense  of 
the  water  conservation  district  and  shall  be  a  legal  charge  against  said 
water  conservation  district. 

Upon  the  completion  of  said  examination  and  study  of  the  proposed 
project  by  said  board,  it  shall  prepare  a  report  thereof  in  which  report 
shall  be  set  forth  in  detail  the  character  and  nature  of  the  proposed 
works  in  order  to  carry  said  project  to  completion,  such  report  to  be 
accompanied  by  an  estimate  of  the  cost  of  said  project.  A  copy  of  such 
report,  plans  and  estimates  shall  be  kept  on  file  in  the  office  of  the 
board  and  open  for  inspection  by  all  interested  persons  or  parties. 
Such  plans  and  reports  may  thereafter  be  modified  at  any  regular  meet- 
ing of  the  board  by  an  affirmative  vjote  of  a  two-thirds  majority  of  all 
the  members  of  said  board. 

POWERS  AND  DUTIES  OF  DIRECTORS. 
Powers  and  duties  of  directors. 

Sec.  18.  The  board  of  directors  shall  have  the  power  and  it  shall  be 
its  duty  to  manage  and  conduct  the  business  affairs  of  the  water  con- 
servation  district;  to  adopt  a  seal;  to  make  and  execute  all  necessary 
contracts ;  to  employ  and  appoint  such  agents,  officers  and  employees  as 
it  may  require  and  prescribe  their  duties  and  fix  their  compensation. 


142  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

The  board  shall  have  the  right  to  enter  upon  any  lands  to  make  surveys, 
locate  works  or  for  any  other  necessary  and  lawful  purpose.  The  board 
shall  have  the  power  to  construct,  maintain,  improve  and  operate  the 
necessary  dams,  reservoirs  and  works  for  the  storage  and  distribution  of 
water  and  any  drainage,  flood  control  and  reclamation  works  connected 
therewith,  and  to  provide  for  the  generation  and  distribution  of  hydro- 
electric energy  incidental  to  such  storage  and  distribution. 

The  board  shall  also  have  the  right  to  acquire  by  purchase,  lease  or 
contract,  aU  lands,  water,  water  rights  or  any  use  thereof  or  interest 
therein,  and  any  other  property  or  rights  by  it  deemed  necessary  for 
the  construction,  maintenance,  improvements  and  operation  of  the 
works  or  the  carrying  out  of  the  project  of  the  water  conservation  dis- 
trict, including  the  property  and  rights  of  private  owners  and  stock  of 
corporations. 

Said  board  may  also  enter  into,  and  do  any  act  necessary  or  proper 
for  the  performance  of,  any  agreement  with  any  county,  district,  public 
corporation,  or  municipality  of  any  kind,  for  any  purpose  appertaining 
to,  or  beneficial  to,  the  project  of  the  water  conservation  district,  and 
may  acquire  the  right  to  store  water  in  any  reservoir ;  or  to  carry  water 
through  any  canal,  ditch  or  conduit  not  owned  or  controlled  by  such 
water  conservation  district,  and  may  grant  to  the  owner  or  lessee  of  a 
right  to  the  use  of  any  water,  permission  to  store  such  water  in  any 
reservoir  of  the  water  conservation  district,  or  to  carry  such  water 
through  any  canal,  ditch  or  conduit  of  the  water  conservation  district. 

The  said  board  is  hereby  authorized  and  empowered  to  take  convey- 
ances, leases,  contracts  or  other  assurances  for  all  property  acquired  by 
it  under  the  provisions  of  this  act,  in  the  name  of  such  water  conserva- 
tion district,  to  and  for  the  use  and  purposes  herein  expressed,  and  to 
institute  and  maintain  all  actions  and  proceedings,  suits  at  law  or  in 
equity  necessary  or  proper  in  order  to  fully  carry  out  the  provisions  of 
this  act ;  or  to  enforce,  maintain,  protect  or  preserve  any  and  aU  rights, 
privileges  and  immunities  created  by  this  act  or  acquired  in  pursuance 
thereof.  All  contracts  and  other  documents  executed  by  the  board  shall 
be  signed  by  its  president  and  its  secretary,  under  seal  and  in  all  actions, 
suits  or  proceedings  the  said  board  may  sue,  appear  and  defend  in 
person  or  by  attorneys  and  in  the  name  of  such  water  conservation 
district. 

The  said  board  shall  have  power  generally  to  perform  aU  such  acts 
as  may  be  necessary  to  fully  carry  out  the  provisions  of  this  act. 

Eminent  domain;  rights  of  way. 

Sec.  19.  The  board  of  directors  shall  have  the  right  and  power  to 
acquire  by  condemnation  all  lands,  waters,  water  rights,  or  any  use 
thereof,  or  interest  therein,  and  any  other  property  or  rights,  except 
the  property  or  rights  of  the  units  thereof,  by  it  deemed  necessary  for 
the  construction,  maintenance,  improvement  and  operation  of  the  works, 
or  the  carrying  out  of  the  project  of  the  water  conservation  district. 
In  the  case  of  condemnation  proceedings  the  board  shall  proceed  in  the 
name  of  the  water  conservation  district  under  the  provisions  of  section 
fourteen  of  article  one  as  amended  of  the  constitution  of  the  State  of 
California,  and  title  seven,  part  three  of  the  Code  of  Civil  Procedure  of 
California,  and  all  pleadings,  proceedings  and  process  in  said  title  pro- 
vided it  shall  be  applicable  to  the  condemnation  proceedings  hereunder. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  143 

The  board  of  directors  shall  have  power  to  construct  the  said  works 
across  or  intersecting  any  stream  of  water,  water  course,  street,  avenue, 
highway,  railway,  canal,  ditch,  or  flume,  in  such  manner  as  to  afford 
security  for  life  and  property;  but  said  board  shall  restore  the  same, 
when  so  crossed  or  intersected,  to  its  former  state  as  near  as  may  be,  or 
in  a  sufficient  manner  not  to  have  impaired  unnecessarily  its  usefulness ; 
and  every  company  whose  railroad  shall  be  intersected  or  crossed  by 
said  works  shall  unite  with  said  board  in  forming  said  intersections  and 
crossings,  and  grant  the  privileges  aforesaid ;  and  if  such  railroad  com- 
pany and  said  board,  or  the  owners  and  controllers  of  said  property, 
thing,  or  franchise  to  be  so  crossed,  can  not  agree  upon  the  amount  to 
be  paid  therefor,  or  the  points  or  the  matter  of  said  crossings  or  inter- 
sections, the  same  shall  be  ascertained  and  determined  in  all  respects  as 
is  herein  provided  in  respect  to  the  taking  of  land.  The  right  of  way  is 
hereby  given,  dedicated,  and  set  apart  for  the  location,  construction,  and 
maintenance  of  said  works  over  and  through  any  of  the  lands  which  are 
now  or  may  be  the  property  of  this  state ;  and  also  there  is  given,  dedi- 
cated, and  set  apart,  for  the  uses  and  purposes  aforesaid,  all  waters  and 
water  rights  belonging  to  this  state  within  the  district. 

Contracts  for  construction  of  projects. 

Sec.  19a.  The  board  of  directors  shall  proceed  to  carry  out  the  proj- 
ect of  the  district  in  accordance  with  the  plans  and  specifications  of  the 
duly  approved  and  adopted  report  of  the  board. 

When  such  work  is  to  be  done  said  board  shall  give  notice  by  publi- 
cation thereof  in  the  county  in  which  the  office  of  said  board  is  located 
once  a  week  for  four  successive  weeks,  calling  for  bids  for  same.  If  less 
than  the  whole  work  provided  for  in  said  plans  and  specifications  is  to  be 
done  and  advertised,  the  portion  to  be  done  must  be  particularly 
described  in  said  notice.  Said  notice  shall  refer  to  the  plans  and  specifi- 
cations of  the  work  to  be  done  and  state  that  the  same  can  be  seen  at 
the  office  of  the  board  and  that  the  board  will  receive  sealed  proposals 
therefor,  and  that  the  contract  will  be  let  to  the  lowest  responsible  bid- 
der, stating  the  time  and  place  for  opening  said  proposals,  which  at  the 
time  and  place  appointed  shall  be  opened  in  public;  and  as  soon  as 
convenient  thereafter  the  board  shall  let  said  work,  either  in  portions  or 
as  a  whole,  to  the  lowest  responsible  bidder ;  or  it  may  reject  any  and  all 
bids  and  readvertise  for  proposals  or  may  proceed  to  construct  the  works 
under  its  superintendence ;  provided,  that  in  case  of  emei^ency  or  urgent 
necessity  the  board  of  directors,  by  unanimous  vote  of  those  present 
(provided  there  is  a  quorum  present)  at  any  regular  or  special  meeting, 
may  award  contracts  without  advertising  for  bids,  but  the  amount  of 
said  contract  so  awarded  shall  not  exceed  fifty  thousand  dollars 
($50,000).  All  contracts  for  the  purchase  of  material  shall  be  awarded 
to  the  lowest  responsible  bidder,  provided  the  purchase  price  of  such 
material  is  in  excess  of  fifty  thousand  dollars  ($50,000). 

Any  person  or  persons  to  whom  a  contract  may  be  awarded  shall 
enter  into  a  bond,  with  good  and  sufficient  sureties,  to  be  approved  by 
the  board,  payable  to  the  water  conservation  district  for  its  use,  for 
twenty-five  per  cent  of  the  amount  of  the  contract  price,  conditioned 
for  the  full  and  faithful  performance  of  said  contract. 

The  work  shall  be  done  under  the  direction  and  to  the  satisfaction  of 
and  be  approved  by  the  board. 


144  CALIFORNIA   IRBIGATION   DISTRICT   LAWS. 

It  shall  be  the  duty  of  the  board  to  see  that  all  contractors  doing  work 
for  the  conservation  district  carry  compensation  insurance  on  all 
employees. 

Constituent  districts  may  issue  bonds. 

Sec.  20.  Each  of  the  constituent  districts  or  units  of  a  water  con- 
servation district  is  hereby  expressly  authorized  to  vote,  issue  and  sell 
its  bonds  for  the  purposes  herein  provided  in  this  act,  and  said  bonds 
are  to  be  in  all  respects  of  the  same  force  and  effect,  and  of  the  same 
priority  as  a  lien  on  property  as  other  bonds  voted,  issued  and  sold  by 
such  constituent  district  or  unit  under  the  particular  law  or  laws  gov- 
erning the  voting,  issuance  and  sale  of  bonds  by  such  constituent  district 
or  unit. 

The  board  of  directors  of  a  water  conservation  district  shall  estimate 
and  determine,  in  the  manner  provided  in  section  twenty-four  hereof, 
the  amount  of  money  required  by  such  board  of  directors  of  the  total 
sum  originally  voted  by  all  the  constituent  districts  or  units,  and 
said  board  of  directors  shall  thereupon  apportion  and  allot  to  each  of 
said  constituent  districts  or  units  its  proportion  of  the  cost  of  said 
project.  Said  apportionment  shall  be  made  upon  the  same  basis  as  was 
provided  for  in  the  original  apportionment  of  the  cost  made  by  the 
state  irrigation  board,  and  thereupon  said  board  of  directors  shall,  by 
resolution  duly  adopted  and  entered  upon  the  minutes  of  said  board, 
make  requisition  upon  each  of  said  constituent  districts  or  units  for 
its  proportion  of  said  cost,  and  a  copy  of  said  resolution,  duly  certified 
to,  shall  be  served  upon  the  secretary  or  other  officer  of  the  governing 
board  of  each  constituent  district  or  unit.     (Stats.  1925,  p.  555.) 

APPORTIONMENT  AND  ASSESSMENT  OF  COSTS. 
Assessments  and  apportionment  of  additional  expenses. 

Sec.  21.  If  the  amount  originally  contributed  and  paid  into  said 
water  conservation  district  by  said  constituent  districts  or  units  shall  be 
insufficient  to  complete  the  system  and  works  of  said  project,  the  board 
of  directors  of  said  water  conservation  district,  shall  thereupon  esti- 
mate and  determine  the  amount  required  to  complete  said  system  and 
works,  according  to  the  original  plans  and  specifications  thereof,  and 
shall  thereupon  apportion  and  allot  to  each  of  said  constituent  districts 
or  units,  its  proper  proportion  of  said  additional  cost  of  the  completion 
of  said  system  and  works  of  said  project;  said  apportionment  shall  be 
made  upon  the  same  basis  as  the  original  apportionment  of  the  cost  of 
construction  of  said  system  and  works  of  said  project,  as  is  provided  for 
in  this  act,  and  thereupon,  the  said  board  of  directors  shall,  by  resolu- 
tion, duly  adopted  and  entered  upon  the  minutes  of  said  board  of  direc- 
tors of  said  water  conservation  district,  make  requisition  upon  each  of 
said  constituent  districts  or  units  for  its  proportion  of  said  additional 
cost,  and  a  copy  of  which  said  resolution,  duly  certified  to,  shall  be 
served  upon  the  secretary  or  other  officer  of  the  governing  board  of  each 
constituent  district  or  unit.  Upon  receiving  said  copy  of  said  resolu- 
tion, it  shall  be  the  duty  of  the  governing  board  of  each  of  said  con- 
stituent districts  or  units,  and  each  of  said  constituent  districts  or  units 
is  hereby  given  the  power  to  levy,  assess  and  collect  an  assessment  in  the 
amount  called  for  by  said  resolution  and  requisition,  which  said  amount 
shall  be  levied,  assessed  and  collected  in  like  manner  as  the  levy,  assess- 


California  irrigation  district  laws.  145 

nient  and  collection  of  assessments  under  the  particular  law  or  laws 
governing  the  levy,  collection  and  assessment  of  assessments  of  each  of 
the  said  respective  constituent  districts  or  units. 

Apportionment  of  cost  of  maintenance  and  operation;  assessments;  bonds. 

Sec.  22.  The  board  of  directors  of  said  water  conservation  district 
is  hereby  expressly  given  the  power,  and  it  shall  be  its  duty,  from  time 
to  time,  as  occasion  may  require,  to  estimate  and  determine  the  amount 
of  money  required,  after  the  completion  of  said  project,  for  the  mainte- 
nance, repair  and  operation  of  said  system  and  works  and  also  for  the 
expenses  of  the  management  and  operation  of  said  water  conservation 
district,  and  shall  also  fix  and  allot  the  proportion  of  said  estimated 
amount  to  be  borne  or  paid  by  each  of  said  constituent  districts  or  units, 
which  said  allotment  or  apportionment,  shall  be  in  the  same  proportion 
to  each  of  said  constituent  districts  or  units,  as  the  apportionment  or 
allotment  of  the  original  cost  of  said  project  as  hereinbefore  provided 
for.  The  board  of  directors  of  the  water  conservation  district  shall 
thereupon,  by  resolution,  entered  in  its  minutes,  make  requisition  upon 
each  constituent  district  or  unit,  for  its  proportion  of  said  additional 
cost  and  expense,  a  copy  of  which  said  resolution  duly  certified,  shall  be 
served  upon  the  secretary  or  other  officer  of  the  governing  board  of 
each  constituent  district  or  unit. 

Upon  receiving  said  resolution,  it  shall  be  the  duty  of  the  governing 
board  of  each  constituent  district  or  unit,  and  each  constituent  district 
or  unit  is  hereby  given  the  power  to  levy,  assess,  collect  and  pay  over  to 
said  water  conservation  district,  the  amount  of  its  proportion  of  said 
additional  cost  and  expense.  Such  assessments  shall  be  levied,  assessed 
and  collected  by  each  constituent  district  or  unit  in  like  manner  as  the 
levy,  assessment  and  collection  of  assessments,  under  the  particular  law 
or  laws,  governing  the  levy,  assessment  and  collection  of  assessments  of 
each  of  the  said  respective  constituent  districts  or  units. 

Each  constituent  district  or  unit,  in  lieu  of  levying,  assessing  and  col- 
lecting an  assessment  for  the  purpose  of  raising  funds  to  pay  its  amount 
or  share  of  any  apportionment  or  allotment,  as  provided  for  in  section 
twenty-one  of  this  act,  may  vote,  issue  and  sell  bonds  for  the  purpose 
of  raising  said  funds,  and  each  of  said  constituent  districts  or  units  is 
hereby  expressly  given  and  granted  the  power  to  vote,  issue  and  sell 
bonds  for  said  purpose. 

CERTIFICATION  OF  BONDS. 

Certification  of  bonds. 

Sec.  23.  Whenever  the  board  of  directors  of  any  constituent  district 
or  unit  of  a  water  conservation  district,  shall  by  resolution,  declare  that 
it  deems  it  desirable  that  any  contemplated  or  outstanding  bonds  of  such 
constituent  district  or  unit  issued  under  the  provisions  of  this  act, 
including  any  bonds  of  such  constituent  district  or  unit  authorized  but 
not  sold,  shall  be  available,  for  the  purpose  provided  for  in  section  seven 
of  an  act  of  the  legislature  of  the  State  of  California,  entitled  "An  act 
relating  to  bonds  of  irrigation  districts,  providing  under  what  circum- 
stances such  bonds  shall  be  legal  investments  for  funds  of  banks,  insur- 
ance companies,  and  trust  companies,  trust  funds,  state  school  funds  and 
any  money  or  funds  which  may  now  or  hereafter  be  invested  in  bonds  of 
cities,  cities  and  counties,  school  districts  or  municipalities,  and  provid- 

10—40508 


146  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

ing  under  what  circumstances  the  use  of  bonds  of  irrigation  districts  as 
security  for  the  performance  of  any  act  may  be  authorized, ' '  approved 
June  13,  1913,  as  amended,  the  said  board  of  directors  shall  thereupon 
file  a  certified  copy  of  such  resolution  with  the  commission  created  by, 
and  provided  for  in,  said  act  of  June  13,  1913,  which  commission,  and 
the  state  controller  in  connection  therewith,  are  hereby  given  the  same 
power  and  authority  in  respect  of  the  investigation  and  certification  of 
bonds  issued  by  any  constituent  district  or  unit,  under  this  act  as  is 
given  to  them  in  respect  of  the  investigation  and  certification  of  irriga- 
tion district  bonds  by  said  act,  as  amended,  except  as  the  same  may  be 
limited  by,  or  inconsistent  with,  any  provision  of  this  act,  and  bonds 
of  any  constituent  district  or  unit  provided  for  in  this  act  which  have 
been  so  investigated  and  certified  and  by  authority  of  such  investigation 
and  certification  are  declared  to  be  legal  investments  for  the  purposes 
stated  in  said  act  of  June  13,  1913,  as  amended,  may  be  lawfully  pur- 
chased, or  received  in  pledge  for  loans  by  savings  banks,  trust  com 
panics,  insurance  companies,  guardians,  executors,  administrators,  and 
special  administrators,  or  by  any  public  ofiicer  or  officers  of  this  state  or 
of  any  county,  city,  or  city  and  county,  or  other  municipal  or  corporate 
body  within  this  state  having  or  holding  funds  which  they  are  allowed 
by  law  to  invest  or  loan. 

GENERAL  PROVISIONS. 
Estimate  of  expenses. 

Sec.  24.  For  the  purposes  of  this  act  each  calendar  year  shall  be 
divided  into  two  (2)  fiscal  periods,  the  first  period  consists  of  the  first 
six  (6)  months  of  the  year,  and  the  second  period  consists  of  the  second 
six  (6)  months  of  the  year,  and  at  the  regular  monthly  meeting  of 
March  and  September  of  each  year,  the  water  conservation  district  board 
shall  estimate  and  determine  the  amount  of  money  that  said  conserva- 
tion district  will  require  for  the  purposes  provided  by  this  act  during 
the  next  succeeding  fiscal  period,  and  any  requisition  herein  provided 
for  in  this  act  to  be  made  by  the  water  conservation  district  upon  any 
of  said  constituent  districts  or  units  for  the  payment  to  said  water 
conservation  district  of  its  proportional  share  of  the  amount  of  money 
required  by  said  estimate  and  determination  of  said  board  of  directors 
of  said  water  conservation  district  shall  be  made  at  the  beginning  of 
said  first  period,  and  it  shall  thereupon  be  and  become  the  duty  of  each 
of  the  said  constituent  districts  or  units  to  pay  the  same  to  said  water 
conservation  district  before  the  commencement  of  the  next  succeeding 
fiscal  period. 

Claims. 

Sec.  25.  All  claims  against  the  water  conservation  district  shall  be 
paid  by  warrants  of  said  water  conservation  district.  Said  warrants 
must  be  signed  by  the  president  and  secretary  of  the  board  and  drawn 
on  the  treasurer  of  the  conservation  district  and  paid  by  him  out  of  the 
funds  of  such  conservation  district  and  said  treasurer  shall  make  a 
monthly  report  to  the  board  of  the  money  received  by  him  of  the 
amounts  expended  and  the  total  sum  on  hand. 

Directors  not  to  be  interested  in  contracts. 

Sec.  26.  No  director  or  officer  of  the  conservation  district  shall  in 
any   manner  be   interested   directly   or   indirectly   in    any   contract 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  147 

awal'ded  or  to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived 
therefrom ;  and  for  the  violation  of  this  provision  such  director  or  officer 
shall  be  deemed  guilty  of  a  misdemeanor,  and  conviction  shall  work  a 
forfeiture  of  his  office,  and  he  shall  be  punished  by  a  fine,  not  to  exceed 
five  thousand  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Debts. 

Sec.  27.  The  board  of  directors  or  other  officers  of  a  water  conserva- 
tion district  shall  have  no  power  to  incur  any  debt  or  liability  whatever, 
either  by  issuing  bonds  or  otherwise,  in  excess  of  the  express  provisions 
of  this  act;  any  debt  or  liability  in  excess  of  such  provisions  shall  be 
and  remain  absolutely  void;  provided,  that  nothing  contained  in  this 
section  shall  be  construed  as  limiting  the  right  of  the  board  to  enter 
into  any  contract  for  the  use  or  lease  of  any  lands,  water,  water  rights, 
or  other  property,  as  in  this  act  provided  and  by  such  lease  or  contract 
to  bind  the  district  for  the  payment  of  the  rentals  or  consideration 
specified  in  such  lease  or  contract. 

Distribution  of  water  and  power;  sale  of  surplus. 

•  Sec.  28.  The  board  shall  have  power  and  it  shall  be  its  duty  to 
distribute  to  each  of  the  units  of  a  conservation  district  the  proportion 
of  stored  water  to  which  it  is  entitled  at  its  point  of  diversion  from  the 
stream,  and  may  use  a  stream  or  natural  water  course  for  such  pur- 
pose. The  board  shall  also  have  power  and  it  shall  be  its  duty  to 
distribute  to  the  units  of  a  conservation  district  the  proportion  of 
hydro-electric  energy  to  which  it  is  entitled  and  may  desire  for  its  use 
within  such  unit,  same  to  be  delivered  at  the  place  where  it  is  gen- 
erated ;  and  all  hydro-electrical  energy  not  so  distributed  shall  be  sold 
by  the  board  of  directors  of  the  conservation  district,  and  the  proceeds 
resulting  from  such  sale  shall  be  distributed  to  the  units  in  accordance 
with  their  respective  interests  therein. 

Limitations  on  board  of  directors. 

Sec.  29.  The  board  of  directors  of  a  water  conservation  district 
shall  not  have  the  power  to  modify,  change  or  alter  the  distributing 
system  or  works  of  any  of  the  constituent  districts  or  units  nor  shall 
said  board  of  directors  have  any  jurisdiction  or  control  over  the  dis- 
tribution of  water  to  the  land  owner  within  the  boundaries  of  any  of 
the  constituent  districts  or  units.  Nor  shall  said  board  have  the  power 
to  condemn  by  law  the  water,  water  rights  or  other  property  of  a  con- 
stituent district  or  unit  without  first  having  obtained  a  written  consent 
of  the  managing  board  of  such  constituent  district  or  unit. 

Paramount  interest  of  state;  tax  exemption. 

Sec.  30.  The  rights  of  way,  ditches,  flumes,  pipelines,  drains,  water 
rights,  reservoirs  and  other  property  used  for  the  purposes  of  a  water 
conservation  district  and  belonging  to  it  shall  not  be  taxed  nor  assessed 
for  state,  county  or  municipal  purposes. 

It  is  hereby  declared  that  the  State  of  California  has  a  paramount 
interest  in  the  storage,  conservation  and  diversion  of  water,  the  pre- 
vention of  floods,  the  irrigation,  drainage,  and  reclamation  of  land  and 


148  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

the  production  of  electric  energy ;  and  that  such  storage,  conservation, 
diversion,  irrigation,  prevention  of  floods,  reclamation,  drainage,  and 
production  of  electric  energy  will  make  productive  vast  quantities  of 
land  that  are  comparatively  unproductive  and  will  increase  production, 
property  valuations,  and  population  in  the  state,  make  profitable  the 
cultivation  of  small  tracts  and  promote  subdivision  of  larger  tracts,  and 
wiU  promote  the  welfare  and  prosperity  of  all  the  people.  The  powers 
herein  conferred  upon  the  state  irrigation  board  and  the  board  of 
directors  of  a  water  conservation  district  and  all  other  powers  herein 
conferred  are  hereby  declared  to  be  police  and  regulatory  powers  and 
are  necessary  to  the  accomplishment  of  a  purpose  that  is  indispensable  to 
public  interests.  The  use  of  all  water  required  for  the  irrigation  of  the 
lands  of  any  district  formed  under  the  provisions  of  this  act  and  for 
domestic  and  other  incidental  and  beneficial  uses  within  such  district, 
together  with  the  rights  of  way  for  canals  and  ditches,  sites  for  reser- 
voirs and  all  other  property  required  in  fully  carrying  out  the  provisions 
of  this  act  is  hereby  declared  to  be  a  public  use,  subject  to  the  regulation 
and  control  of  the  state,  in  the  manner  prescribed  by  law. 

Records,  statements  and  reports. 

Sec.  31.  The  state  irrigation  board  and  the  board  of  directors  of 
every  water  conservation  district  shall,  respectively,  cause  to  be  entered 
in  books  to  be  kept  for  that  purpose  a  complete  and  connected  record  of 
all  their  acts  and  transactions,  which  shall  be  kept  and  preserved  on  file 
in  their  respective  offices  and  open  to  inspection  by  the  public  during 
business  hours.  Said  records  and  all  documents,  instruments,  or  other 
papers  filed  as  above  provided,  or  a  copy  or  copies  of  any  thereof 
certified  to  by  the  secretary  of  the  state  irrigation  board  or  the  secretary 
of  the  board  of  directors  of  the  water  conservation  district,  shall  be 
received  in  evidence  without  further  proof  in  any  court  of  this  state,  or 
before  any  board  or  tribunal  authorized  to  hear  or  consider  a  matter 
wherein  the  same  shall  be  properly  admissible  in  evidence. 

During  the  construction  of  any  works  in  carrying  out  the  project  of 
any  water  conservation  district,  the  board  of  directors  of  such  district 
shall,  at  least  every  sixty  (60)  days,  forward  to  the  state  engineer,  a 
report  of  the  progress  of  such  construction,  together  with  a  statement  of 
the  amount  or  amounts  paid  for  the  doing  of  such  work.  The  board  of 
directors  of  a  water  conservation  district,  at  their  regular  monthly  meet- 
ing in  January  of  each  year,  shall  render  and  immediately  thereafter, 
cause  to  be  published  in  the  county  where  the  office  of  said  board  is 
situated,  at  least  once  a  week,  for  two  successive  weeks,  a  verified  state- 
ment of  the  financial  condition  of  the  district,  showing  particularly  the 
receipts  and  disbursements  of  the  last  preceding  year,  together  with  the 
source  of  such  receipts  and  the  purpose  of  such  disbursements. 

Immediately  after  the  publication  of  such  statements,  the  board  of 
directors  of  the  water  conservation  district  shall  cause  a  copy  thereof, 
accompanied  by  a  report  stating  the  progress  of  the  work  under  con- 
struction and  the  general  condition  of  the  project,  and  whether  or  not 
the  same  is  being  satisfactorily  and  successfully  carried  out  and  any 
other  matter  which  the  board  may  deem  proper  to  be  filed  with  the  state 
engineer  who  shall  examine  said  statement  and  report  and  make  to  the 
board  of  directors  such  recommendations  and  comments  as  he  mav  deem 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  149 

proper  and  may  publish  said  recommendations  and  comments  in  such 
manner  as  may  be  deemed  advistible.  Said  state  engineer  may  at  any 
time  make  or  cause  to  be  made  an  examination  of  the  affairs  of  any 
water  conservation  district  within  the  state  or  call  upon  the  board  of 
directors  of  such  district  for  such  information  as  he  may  desire,  and 
may  make  and  publish  such  report  thereon  as  he  may  deem  advisable. 
(Note — No  section  32  appears  In  the  act  as  enacted.) 

Property  of  district. 

Sec.  33.  The  legal  title  to  all  property  acquired  under  the  provisions 
of  this  act  shall  by  operation  of  law,  immediately  upon  the  acquisition 
thereof,  vest  in  the  water  conservation  district  by  which  it  is  acquired, 
and  shall  be  held  by  such  district  in  trust  for  the  uses  and  purposes  set 
forth  in  this  act,  and  is  hereby  dedicated  and  set  apart  to  said  uses  and 
purposes.  The  board  of  directors  is  hereby  authorized  and  empowered 
to  hold,  use,  manage,  occupy,  and  possess  said  property  and  may  deter- 
mine by  resolution  duly  entered  upon  its  minutes,  that  any  property, 
real  or  personal,  held  by  the  district  is  not  necessary  for  the  uses  and 
purposes  thereof  and  may  sell  the  same  for  an  adequate  consideration; 
and  a  conveyance  or  transfer  of  any  of  the  property  of  a  district 
executed  by  the  president  and  secretary  of  its  board  of  directors  in 
pursuance  of  a  resolution  of  the  board  adopted  as  above  provided,  shall 
convey  good  title  to  the  property. 

Vested  rights. 

Sec.  34,  Nothing  in  this  act  contained  shall  be  so  construed  as  to 
affect  or  impair  the  vested  right  of  any  person,  association,  or  corpora- 
tion to  the  use  of  water. 

Title. 

Sec.  35.  This  act  shall  be  known  and  may  be  referred  to  in  any 
action,  proceeding,  or  legislative  enactment,  as  the  "California  water 
conservation  district  act." 

Constitutionality. 

Sec.  36.  If  any  section,  subdivision,  sentence,  clause,  or  phrase  of 
this  act  be  for  any  reason  held  to  be  unconstitutional,  such  decision 
shall  not  affect  the  validity  of  the  remaining  portions  of  this  act,  and 
the  legislature  hereby  declares  that  it  would  have  passed  this  act  and 
each  and  every  other  section,  subdivision,  sentence,  clause,  and  phrase 
thereof,  irrespective  of  the  fact  that  any  one  or  more  sections,  sub- 
divisions, sentences,  clauses,  or  phrases  of  this  act  be  declared  uncon- 
stitutional. 

Proceedings  contesting  validity  of  formation. 

Sec.  37.  Actions  or  proceedings  contesting  or  attacking  the  validity 
of  the  formation  of  a  water  conservation  district  can  only  be  com- 
menced within  thirtj'  days  from  the  date  of  the  making  by  the  state 
irrigation  board  of  the  final  order  establishing  such  water  conservation 
di.strict,  as  provided  in  section  eleven  hereof. 


150  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

Actions  or  proceedings  attacking  or  contesting  the  validity  of  any 
bond  issue  provided  for  in  this  act  can  only  be  commenced  within 
thirty  days  after  the  declaration  of  the  result  of  such  election  at  which 
such  bonds  were  voted. 

Except  as  herein  provided,  actions  or  proceedings  attacking  or  con- 
testing any  election  under  the  provisions  of  this  act  can  only  be  com- 
menced within  thirty  days  after  the  declaration  of  the  result  of  such 
election.     (Added  Stats.  1925,  p.  555.) 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  151 

4.     THE  COUNTY  WATER  DISTRICT  ACT. 

An  act  to  provide  for  the  incorporation  and  organization  and  manage- 
ment of  county  water  districts,  and  to  provide  for  the  acquisition 
of  water  rights  or  construction  thereby  of  waterworks  and  for  the 
acquisition  of  all  property  necessary  therefor,  and  also  to  provide 
for  the  distribution  and  sale  of  water  by  said  districts. 

(Approved  June  10,  1913,  Stats.  1913,  p.  1049.     Amended  Stats.  1915,  p.  26;   1917,  p. 
225;   1919,  p.  816;  1923,  p.  312;  1925,  p.   530.) 

ORGANIZATION. 
Organization  of  district. 

Section  1.  A  county  water  district  may  be  organized  and  incorpo- 
rated and  managed  as  herein  expressly  provided  and  may  exercise  the 
powers  herein  expressly  granted  or  necessarily  implied. 

Who  may  organize. 

Sec.  2.  The  people  of  any  county,  or  city  and  county,  or  portion  of 
a  county,  or  city  and  county,  whether  such  portion  includes  unincorpo- 
rated territory  or  not,  in  the  State  of  California,  having  a  population 
of  not  less  than  one  thousand  inhabitants,  may  organize  a  county  water 
district  under  the  provisions  of  this  act  by  proceeding  as  herein  pro- 
vided. 

Petition  and  Election. 

Sec.  3.  A  petition,  which  may  consist  of  any  number  of  separate 
instruments,  shall  be  presented  at  a  regular  meeting  of  the  board  of 
supervisors  of  the  county  in  which  the  proposed  water  district  is  located, 
signed  by  the  registered  voters  within  the  boundaries  of  the  proposed 
water  district,  equal  in  number  to  at  least  ten  per  centum  of  the  number 
of  votes  cast  in  said  proposed  county  water  district  for  the  oflBce  of 
governor  of  this  state  at  the  last  general  election  prior  to  the  presenting 
of  the  petition ;  provided,  that  where  one  or  more  municipal  corporations 
or  part  thereof  is  included  in  such  proposed  water  district,  such  petition 
must  be  signed  by  at  least  ten  per  centum  of  the  qualified  electors  of 
each  such  municipal  corporations  or  part  thereof  and  of  the  unincorpo- 
rated territory  included  in  such  proposed  water  district  so  voting  at 
such  election.  Such  petition  shall  set  forth  and  describe  the  proposed 
boundaries  of  such  water  district,  and  shall  pray  that  the  same  be 
incorporated  under  the  provisions  of  this  act,  and  the  text  of  such  peti- 
tion shall  be  published  for  at  least  two  weeks  before  the  time  at  which 
the  same  is  to  be  presented  in  a  least  one,  but  not  to  exceed  three  news- 
papers printed  and  published  in  such  county,  together  with  a  notice 
stating  the  time  of  the  meeting  at  which  same  will  be  presented.  When 
contained  upon  more  than  one  instrument,  one  copy  only  of  such  peti- 
tion need  be  published.  No  more  than  five  of  the  names  attached  to 
said  petition  need  appear  in  such  publication  of  said  petition  and  notice, 
but  the  number  of  signers  shall  be  stated. 

With  such  publication  there  shall  also  be  published  a  notice  of  the 
time  of  the  meeting  of  the  board  when  such  petition  will  be  considered 
and  that  all  persons  interested  therein  may  then  appear  and  be  heard. 
At  such  time  the  board  of  supervisors  shall  hear  the  petition  and  those 
appearing  thereon  together  with  such  written  protests  as  shall  have  befen 


152  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

filed  with  the  clerk  of  the  board  prior  to  such  hearing  by  or  on  behalf 
of  owners  of  taxable  property  situated  within  the  boundaries  of  the 
proposed  district  and  may  adjourn  such  hearing  from  time  to  time,  not 
exceeding  four  weeks  in  all.  No  defect  in  the  contents  of  the  petition 
or  in  the  title  to  or  form  of  the  notice  or  signatures,  or  lack  of  signa- 
tures, thereto  shall  vitiate  any  proceedings  thereon,  provided  such  peti- 
tion or  petitions  have  a  sufficient  number  of  qualified  signatures  attached 
thereto.  On  the  final  hearing  said  board  shall  make  such  changes  in 
the  proposed  boundaries  as  may  be  deemed  advisable  and  shall  define 
and  establish  such  boundaries.  But  said  board  shall  not  modify  said 
boundaries  so  as  to  exclude  from  such  proposed  district  any  territory 
which  would  be  benefited  by  the  formation  of  such  district;  nor  shall 
any  lands  which  will  not,  in  the  judgment  of  said  board,  be  benefited  by 
such  district  be  included  within  such  proposed  district.  Any  person 
whose  lands  are  benefited  by  such  district  may  upon  his  application,  in 
the  discretion  of  said  board,  have  such  lands  included  within  said  pro- 
posed district. 

Upon  such  hearing  of  said  petition,  the  board  of  supervisors  shall 
determine  whether  or  not  said  petition  complies  with  the  requirements 
of  the  provisions  of  this  act,  and  for  that  purpose  must  hear  all  com- 
petent and  relevant  testimony  offered  in  support  of  or  in  opposition 
thereto.  Such  determination  shall  be  entered  upon  the  minutes  of  said 
board  of  supervisors.  A  finding  of  the  board  of  supervisors  in  favor 
of  the  genuineness  and  sufficiency  of  the  petition  and  notice  shall  be 
final  and  conclusive  against  all  persons  except  the  State  of  California 
upon  suit  commenced  by  the  attorney  general.  Any  such  suit  must  be 
commenced  within  one  year  after  the  order  of  the  board  of  supervisors 
declaring  such  district  organized  as  herein  provided,  and  not  otherwise. 
Upon  the  final  determination  of  the  boundaries  of  the  district  the  board 
of  supervisors  shall  give  notice  of  an  election  to  be  held  in  said  pro- 
posed water  district  for  the  purpose  of  determining  whether  or  not 
the  same  shall  be  incorporated,  the  date  of  which  election  shall  be  not 
more  than  sixty  days  from  the  date  of  the  final  hearing  of  such  petition. 
Such  notice  shall  describe  the  boundaries  so  established  and  shall  state 
the  proposed  name  of  the  proposed  incorporation  (which  name  shall 

contain  the  words  " county  water  district"),  and  this  notice 

shall  be  published  at  least  two  weeks  prior  to  such  election  in  at  least 
one,  but  not  to  exceed  three,  newspapers  printed  and  published  in  said 
county.     At  such  election  the  proposition  to  be  submitted  shall  be: 

"Shall  the  proposition  to  organize  county  water  district 

under  (naming  the  chapter  containing  this  act)  of  the  acts  of  the 
fortieth  session  of  the  California  legislature  and  amendments  thereto 
be  adopted  ? ' '  And  the  election  thereupon  shall  be  conducted,  the  vote 
canvassed  and  the  result  declared  in  the  same  manner  as  provided  by 
law  in  respect  to  general  elections,  so  far  as  they  may  be  applicable, 
except  as  in  this  act  otherwise  provided.  No  person  shall  be  entitled 
to  vote  at  any  election  under  the  provisions  of  this  act  unless  such 
person  possesses  all  the  qualifications  required  of  electors  under  the 
general  election  laws  of  the  state.  Within  four  days  after  such  elec- 
tion the  vote  shall  be  canvassed  by  the  board  of  supervisors.  If  a 
majority  of  the  votes  cast  at  such  election  in  each  municipal  corpora- 
tion or  part  thereof  and  in  fli«>  unincorporated  territory  included  in 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  153 

such  proposed  water  district  shall  be  in  favor  of  organizing  such  county 
water  district,  said  board  shall  by  an  order  entered  on  its  minutes 
declare  the  territory  enclosed  within  the  proposed  boundaries  duly 
organized  as  a  county  water  district  under  the  name  theretofore  desig- 
nated, and  the  county  clerk  shall  immediately  cause  to  be  filed  with  the 
secretary  of  state  and  shall  cause  to  be  recorded  in  the  office  of  the 
county  recorder  of  the  county  in  which  such  district  is  situated,  each, 
a  certificate  stating  that  such  a  proposition  was  adopted.  Upon  the 
receipt  of  such  last  mentioned  certificate  the  secretary  of  state  shall, 
within  ten  days,  issue  his  certificate  reciting  that  the  county  water  dis- 
trict (naming  it)  has  been  duly  incorporated  according  to  the  laws  of 
the  State  of  California.  A  copy  of  such  certificate  shall  be  tansmitted 
to  and  filed  with  the  county  clerk  of  the  county  in  which  such  county 
water  district  is  situated.  From  and  after  the  date  of  such  certificate, 
the  district  named  therein  shall  be  deemed  incorporated  as  a  county 
water  district,  with  all  the  rights,  privileges  and  powers  set  forth  in 
this  act  and  necessarily  incident  thereto.  In  case  less  than  a  majority 
of  the  votes  cast  are  in  favor  of  said  proposition  the  organization  fails 
but  without  prejudice  to  renewing  proceedings  at  any  time  in  the 
future.    (Amended  Stats.  1915,  p.  26.) 

OFFICERS. 
Election  of  directors.^ 

Sec.  4.  Within  ninety  days  after  the  date  of  filing  with  the  county 
clerk  of  the  copy  of  the  certificate  of  the  secretary  of  state,  pro- 
vided for  in  section  three  of  this  act,  the  board  of  supervisors  of  the 
county  in  which  the  county  water  district  is  located  shall  make  and 
cause  to  be  entered  upon  its  minutes  at  a  regular  meeting  thereof  an 
order  calling  an  election  in  such  county  water  district  for  the  election 
of  a  board  of  directors  for  the  county  water  district  consisting  of  five 
members,  each  of  whom  shall  be  a  resident  and  qualified  elector  of  the 
county  water  district.' 

The  order  of  the  board  of  supervisors  shall  fix  the  date  of  the  election 
which  shall  not  be  more  than  sixty  days  after  the  date  of  the  order 
calling  the  election.  The  order  shall  also  create  one  or  more  voting 
precincts  within  the  district  and  establish  a  polling  place  in  each  pre- 
cinct and  appoint  a  board  of  election,  consisting  of  one  inspector,  one 
judge  and  two  clerks,  to  hold,  conduct  and  make  returns  of  the  election. 

The  county  clerk  shall  give  notice  of  the  election  by  publishing  notice 
thereof  for  at  least  tw^o  weeks  in  one  but  not  to  exceed  three  newspapers 
published  in  the  county.  The  notice  of  election  so  published  shall  state 
the  purpose  for  which  the  election  is  to  be  held,  describe  the  voting 
precincts,  state  the  location  of  the  polling  place  for  each  precinct,  the 
name  and  position  of  the  persons  appointed  election  officers  and  the 
date  on  which  the  election  will  be  held. 

The  election  shall  be  conducted  in  accordance  with  the  general  elec- 
tion laws  of  the  state  so  far  as  the  same  may  be  applicable  and  the 
returns  canvassed  bj'  the  board  of  supervisors  of  the  county  at  its 
regular  meeting  next  succeeding  the  date  of  the  election. 

In  all  cases  where  the  boundaries  of  the  county  water  district  include 
both  unincorporated  territory  and  any  incorporated  municipality  or 
Miunieipalities,  the  board  of  directors  of  the  district,  in  addition  to  the 
five  directors  elected,  shall  further  consist  of  one  additional  director, 


154  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

for  each  incorporated  municipality  within  the  boundaries  of  the  county 
water  district,  and  one  additional  director  to  be  appointed  by  the  board 
of  supervisors  of  the  county  in  which  such  district  is  located.  Each 
such  additional  director  for  an  incorporated  municipality  shall  be 
appointed  by  the  mayor  or  president  of  the  board  of  trustees  of  the 
municipality  for  which  such  additional  director  is  allowed,  and  the 
additional  director  for  the  county  shall  be  appointed  by  the  board  of 
supervisors  of  the  county.  Any  director  so  appointed  need  not  be  an 
elector  or  resident  of  the  county  water  district.  All  directors  elected  or 
appointed  shall  hold  offiee  until  the  election  and  qualification  or 
appointment  and  qualification  of  their  successor.  The  term  of  office 
of  directors  elected  under  the  provisions  of  this  act  shall  be  four  years 
from  and  after  the  date  of  their  election;  provided,  that  the  directors 
first  elected  after  the  incorporation  of  the  county  water  district  shall 
hold  office  only  until  the  election  and  qualification  of  their  successors 
as  hereinafter  provided.  The  term  of  office  of  directors  appointed  shall 
be  six  years  from  and  after  the  date  of  their  appointment.  All  vacan- 
cies occurring  in  the  office  of  directors  appointed  shall  be  filled  by 
appointment  by  the  same  authority  as  in  the  first  instance. 

All  vacancies  occurring  in  the  office  of  directors  who  are  elected  shall 
be  filled  by  appointment  by  the  remaining  directors  elected  and  the 
person  so  appointed  shall  have  all  of  the  qualifications  necessary  to  be 
elected  a  director,  and  shall  hold  office  during  the  Unexpired  term. 

In  all  cases  where,  under  the  provisions  of  this  section,  directors  are 
to  be  appointed  the  first  appointed  directors  shall  be  appointed  by  the 
mayor  or  the  president  of  the  board  of  trustees  of  incorporated  munici- 
palities and  the  board  of  supervisors  not  later  than  the  date  set  for  the 
election  provided  for  in  this  section. 

The  election  of  directors  of  such  county  water  district  shall  be  in 
every  fourth  year  after  its  organization,  on  the  fourth.  Tuesday  in 
March,  and  shall  be  known  as  the  general  water  district  election.  A 
second  election  shall  be  held,  when  necessary,  as  hereinafter  provided, 
on  the  third  Tuesday  after  such  general  election  and  shall  be  known  as 
the  second  water  district  election.  All  other  elections  which  may  be 
held  by  authority  of  this  act,  or  of  the  general  laws,  shall  be  known 
as  special  water  district  election.     (Stats.  1925,  p.  530.) 

Nomination  and  election  of  officers. 

Sec.  5.  (1)  The  mode  of  nomination  and  election  of  all  elective 
officers  of  such  water  district  to  be  voted  for  at  any  water  district 
election  and  the  mode  of  appointment  of  a  director  or  directors  by  said 
mayor  or  mayors  or  by  said  board  of  supervisors  shall  be  as  follows  and 
not  otherwise. 

(2)  The  name  of  a  candidate  shall  be  printed  upon  the  ballot  when 
a  petition  of  nomination  shall  have  been  filed  in  his  behalf  in  the  man- 
ner and  form  and  under  the  conditions  hereinafter  set  forth. 


CALIFOBNIA   IRRIGATION   DISTRICT   LAWS.  155 

(3)   The  petition  of  nomination  shall  consist  of  not  less  than  twenty- 
five  individual  certificates,  which  shall  read  substantially  as  follows: 

PETITION    OP    NOMINATION. 

Individual  Certificate. 
State  of  California,  1 

County  of   3 

Precinct  No 


I,  the  undersigned,  certify  that  I  do  hereby  join  in  a  petition  for  the 

nomination  of ,  whose  residence  is  at  No. , street, 

for  the  office  of of  the --  county  water  district 

to  be  voted  for  at  the  water  district  election  to  be  held  in  the 

county  water  district  on  the day  of ,  19 — ;  and  I  further 

certify  that  I  am  a  qualified  elector  residing  within  said  district,  and 
am  not  at  this  time  a  signer  of  any  other  petition  nominating  any  other 
candidate  for  the  above  named  office,  or,  in  case  there  are  several  places 
to  be  filled  in  the  above  named  office,  that  I  have  not  signed  more  peti- 
tions than  there  are  places  to  be  filled  in  the  above  named  office ;  that 

my  residence  is  at  No. , street, ,  and  that 

my  occupation  is Signed 

State  of  California,  ) 

County  of   ) 

. being  duly  sworn,  deposes  and  says  that  he  is  the 

person  who  signed  the  foregoing  certificate  and  that  the  statements 
therein  are  true  and  correct. 

(Signed) 

Subscribed  and  sworn  to  before  me  this day  of 

- 19___. 


Notary  public  or  verification  deputy. 

The  petition  for  nomination  of  which  this  certificate  forms  a  part 

shall,  if  found  insufficient,  be  returned  to at  No. 

street, ,  California. 

(4)  It  shall  be  the  duty  of  the  county  clerk  to  furnish  upon  appli- 
cation a  reasonable  number  of  forms  of  individual  certificates  of  the 
above  character. 

(5)  Each  certificate  must  be  a  separate  paper.  All  certificates  must 
be  of  uniform  size  as  determined  by  the  county  clerk.  Each  certificate 
must  contain  the  name  of  one  signer  thereto  and  no  more.  Each 
certificate  shall  contain  the  name  of  one  candidate  and  no  more.  Each 
signer  must  be  a  qualified  elector  residing  within  said  district,  must 
not  at  the  time  of  signing  a  certificate  have  his  named  signed  to  any 
other  certificate  for  any  other  candidate  for  the  same  office,  nor,  in 


156  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

case  there  are  several  places  to  be  filled  in  the  same  office,  signed  to 
more  certificates  for  candidates  for  that  office  than  there  are  places  to 
be  filled  in  such  office.  In  ease  an  elector  has  signed  two  or  more  con- 
flicting certificates,  all  such  certificates  shall  be  rejected.  Each  signer 
must  verify  his  certificate  and  make  oath  that  the  same  is  true,  before 
a  notary  public  or  a  certification  deputy,  as  provided  for  in  this  section. 
Each  certificate  shall  further  contain  the  name  and  address  of  the 
person  to  whom  the  petition  is  to  be  returned  in  case  said  petition  is 
found  insufficient. 

(6)  Verification  deputies,  under  this  section,  must  be  qualified 
electors  of  such  county  water  district,  and  shall  be  appointed  by  the 
county  clerk  upon  application  in  writing,  signed  by  not  less  than  five 
qualified  electors  of  such  county  water  district.  The  application  shall 
set  forth  that  the  signers  thereto  desire  to  procure  the  necessary  signa- 
tures of  electors  for  the  nomination  of  candidates  for  office  in  said 
countj'^  water  district  at  an  election  therein  specified,  and  that  the 
applicants  desire  the  person  or  persons  whose  names  and  addresses  are 
given  appointed  as  verification  deputies,  who  shall  upon  appointment 
be  authorized  and  empowered  to  take  the  oath  of  verification  of  the 
signers  of  petitions  of  nomination.  Such  verification  deputies  need 
not  use  a  seal,  and  shall  not  have  power  to  take  oaths  for  any  other 
purposes  whatsoever,  and  their  appointments  shall  continue  only  until 
all  petitions  of  nomination,  under  this  section,  shall  have  been  filed  by 
the  county  clerk. 

(7)  A  petition  of  nomination,  consisting  of  not  less  than  twenty-five 
individual  certificates  for  any  one  candidate,  may  be  presented  to  the 
county  clerk  not  earlier  than  forty-five  days  nor  later  than  thirty  days 
before  the  election.  The  county  clerk  shall  endorse  thereon  the  date 
upon  which  the  petition  was  presented  to  him. 

(8)  When  a  petition  of  nomination  is  presented  for  filing  to  the 
county  clerk,  he  shall  forthwith  examine  the  same,  and  ascertain 
whether  or  not  it  conforms  to  the  provisions  of  this  section.  If  found 
not  to  conform  thereto,  he  shall  then  and  there  in  writing  designate  on 
said  petition  the  defect  or  omission  or  reason  why  such  petition  can  not 
be  filed,  and  shall  return  the  petition  to  the  person  named  as  the  person 
to  whom  the  same  may  be  returned  in  accordance  with  this  section. 
The  petition  may  then  be  amended  and  again  presented  to  the  clerk 
as  in  the  first  instance.  The  clerk  shall  forthwith  proceed  to  examine 
the  petition  as  hereinbefore  provided.  If  necessary,  the  board  of  super- 
visors shall  provide  extra  help  to  enable  the  clerk  to  perform  satisfac- 
torily and  promptly  the  duties  imposed  by  this  section. 

(9)  Any  signer  to  a  petition  of  nomination  and  certificate  may  with- 
draw his  name  from  the  same  by  filing  with  the  county  clerk  a  verified 
revocation  of  his  signature  before  the  filing  of  a  petition  by  the  clerk, 
and  not  otherwise.  He  shall  then  be  at  liberty  to  sign  a  petition  for 
another  candidate  for  the  same  office. 

(10)  Any  person  whose  name  has  been  presented  under  this  section 
as  a  candidate  may,  not  later  than  twenty-five  days  before  the  day  of 
election,  cause  his  name  to  be  withdrawn  from  nomination  by  filing  with 
the  county  clerk  a  request  therefor  in  writing,  and  no  name  so  with- 
drawn shall  be  printed  upon  the  ballot.  If,  upon  such  withdrawal, 
the  number  of  candidates  remaining  does  not  exceed  the  number  to  be 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  157 

cieetc'd.  then  other  nominations  may  be  made  by  filing  petitions  there- 
for not  later  than  twenty-tive  days  prior  to  such  election. 

(11)  If  either  the  original  or  amended  petition  of  nomination  be 
found  sufficiently  signed  as  hereinbefore  provided,  the  clerk  shall  file 
the  same  twenty-five  days  before  the  date  of  the  election.  When  a 
petition  of  nomination  shall  have  been  filed  by  the  clerk  it  shall  not 
bf^  '.vithdrawn  or  added  to  and  no  signature  shall  be  revoked  thereafter. 

(12)  The  county  clerk  shall  preserve  in  his  office  for  a  period  of  two 
years,  all  petitions  of  nomination  and  all  certificates  belonging  thereto, 
filed  under  this  section. 

(13)  Immediately  after  such  petitions  are  filed,  the  county  clerk 
shall  enter  the  names  of  the  candidates  in  a  list,  with  the  offices  to  be 
filled,  and  shall  not  later  than  twenty  days  before  the  election  certify 
such  list  as  being  the  list  of  candidates  nominated  as  required  by  the 
provisions  of  this  act,  and  the  board  of  supervisors  shall  cause  said 
certified  list  of  names  and  the  offices  to  be  filled,  to  be  published  in  the 
proclamation  calling  the  election  at  least  ten  successive  days  before  the 
election  in  at  least  one  but  not  more  than  three  newspapers  of  general 
circulation  published  in  the  county  in  which  such  municipal  water 
district  is  located.  Such  proclamation  shall  conform  in  all  respects 
to  the  general  state  law  governing  the  conduct  of  general  elections  now 
or  hereafter  in  force,  applicable  thereto,  except  as  otherwise  herein 
provided. 

(14)  The  county  clerk  shall  cause  the  ballots  to  be  printed  and  bound 
and  numbered  as  provided  by  said  general  state  law,  except  as  otherwise 
required  in  this  act.  The  ballots  shall  contain  the  list  of  names  and  the 
respective  offices  as  published  in  the  proclamation  and  shall  be  in 
substantially  the  following  form : 

General  (Or  Special)  District  Election, 

county  water  district, 

(Inserting  date  thereof). 

Instructions  to  Voters :  To  vote,  stamp  or  write  a  cross  ( X )  opposite 
the  name  of  the  candidate  for  whom  you  desire  to  vote.  All  marks 
otherwise  made  are  forbidden.  All  distinguishing  marks  are  forbidden 
and  make  the  ballot  void.  If  you  wrongly  mark,  tear  or  deface  this 
ballot,  return  it  to  the  inspector  of  election,  and  obtain  another. 

(15)  All  ballots  printed  shall  be  precisely  on  the  same  size,  quality, 
tint  of  paper,  kind  of  type,  and  color  of  ink,  so  that  w'thout  the  number 
it  would  be  impossible  to  distinguish  one  ballot  from  another ;  and  the 
names  of  all  candidates  printed  upon  the  ballot  shall  be  in  type  of  the 
9P.me  size  and  style.  A  column  may  be  provided  on  the  right-hand  side 
for  questions  to  be  voted  upon  at  municipal  water  district  elections,  as 
provided  for  under  this  act.  The  names  of  the  candidates  for  each 
office  shall  be  arranged  in  alphabetical  order,  and  nothing  on  the  ballot 
shall  be  indicative  of  the  source  of  the  candidacy  or  of  the  support 
of  any  candidate. 

(16)  The  name  of  no  candidate  who  has  been  duly  and  regularly 
nominated,  and  who  has  not  withdrawn  his  name  as  herein  provided 
shall  be  omitted  from  the  ballot. 


158  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

(17)  The  offices  to  be  filled  shall  be  arranged  in  the  following  order: 
*'For  director  vote  for  (giving  number)." 

(18)  Half -inch  square  shall  be  provided  at  the  right  of  the  name  of 
each  candidate  wherein  to  mark  the  cross. 

(19)  Half -inch  spaces  shall  be  left  bcloAv  the  printed  names  of  can- 
didates for  each  office  equal  in  number  to  the  number  to  be  voted  for, 
wherein  the  voter  may  write  the  name  of  any  person  or  persons  for 
whom  he  may  wish  to  vote. 

(20)  The  county  clerk  shall  cause  to  be  printed  sample  ballots, 
identical  with  the  ballot  to  be  used  at  the  election,  and  shall  furnish 
copies  of  the  same  on  application  to  registered  voters  at  his  office  at 
least  five  days  before  the  date  fixed  for  such  election,  and  shall  mail 
one  such  ballot  to  each  voter  entitled  to  vote  at  such  election,  so  that 
all  of  said  sample  ballots  shall  have  been  mailed  at  least  three  whole 
days  before  said  election. 

(21)  In  case  there  is  but  one  person  to  be  elected  to  an  office,  the 
candidate  receiving  a  majority  of  the  votes  cast  for  the  candidates 
for  that  office  shall  be  declared  elected ;  in  case  there  are  two  or  more 
persons  to  be  elected  to  an  office,  as  that  of  director,  then  those  candi- 
dates equal  in  number  to  the  number  to  be  elected,  who  receive  the 
highest  number  of  votes  for  such  office  shall  be  declared  elected; 
provided,  however,  thM  no  person  shall  be  declared  elected  to  any 
office  at  such  first  election  unless  the  number  of  votes  received  by  him 
shall  be  greater  than  one-half  the  number  of  ballots  cast  at  such  election. 

(22)  If  at  any  election  held  as  above  provided  there  be  any  office  to 
which  the  required  number  of  persons  was  not  elected,  then  as  to  such 
office  the  said  first  election  shall  be  considered  to  have  been  a  primary 
election  for  the  nomination  of  candidates,  and  a  second  election  shall 
be  held  to  fill  said  office.  The  candidates  not  elected  at  such  first 
election,  equal  in  number  to  twice  the  number  to  be  elected  to  any  given 
office,  or  less  if  so  there  be,  who  receive  the  highest  number  of  votes 
for  the  respective  offices  at  such  first  election,  shall  be  the  only  candi- 
dates at  such  second  election ;  provided,  that  if  there  be  any  person  who, 
under  the  provisions  of  this  subdivision,  would  have  been  entitled  to 
become  a  candidate  for  any  office,  except  for  the  fact  that  some  other 
candidate  received  an  equal  number  of  votes  therefor,  then  all  such 
persons  receiving  such  equal  number  of  votes  shall  likewise  become 
candidates  for  such  office.  The  candidates  equal  in  number  to  the 
persons  to  be  elected  who  shall  receive  the  highest  number  of  votes  at 
such  second  election  shall  be  declared  elected  to  such  office. 

(23)  The  said  second  election,  if  necessary  to  be  held,  shall  be  held 
three  weeks  after  the  first  electioh. 

(24)  All  the  provisions  and  conditions  above  set  forth  as  to  the 
conduct  of  an  election,  so  far  as  they  may  be  applicable,  shall  govern 
the  second  election,  except  that  notice  of  election  need  be  published 
twice  only;  and  provided,  also,  that  the  same  precincts  and  polling 
places  shall,  if  possible,  be  used. 

(25)  If  a  person  elected  fails  to  qualify,  the  office  shall  be  filled  as 
if  there  were  a  vacancy  in  such  office,  as  hereinafte"r  provided. 

(26)  The  mode  of  appointment  of  director  or  directors  by  a  mayor, 
or  by  a  board  of  supervisors  shall  be  by  certificate  of  appointment 
signed  by  said  mayor  or  mayors,  or  issued  by  said  board  of  supervisors, 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  159 

and  transmitted  to  the  board  of  directors  of  said  county  water  district. 
(27)  No  infonnality  in  conducting  county  water  district  elections 
shall  invalidate  the  same,  if  they  have  been  conducted  of  directors  to 
fill  a  vacancy,  or  appointment  by  a  mayor  or  by  this  act. 

General  laws  to  govern. 

Sec.  6.  The  provisions  of  the  law  relating  to  the  qualifications  of 
electors,  the  manner  of  voting,  the  duties  of  election  ofiicers,  the  canvass- 
ing of  returns,  and  all  other  particulars  in  respect  to  the  management 
of  general  elections,  so  far  as  they  may  be  applicable,  shall  govern  all 
water  district  elections,  except  as  in  this  act  otherwise  provided; 
provided,  that  the  board  of  supervisors  shall  canvass  the  returns  of  the 
first  election  and  that  thereafter,  except  as  herein  provided,  the  board 
of  directors  shall  meet  as  a  canvassing  board  and  duly  canvass  the 
returns  within  four  days  after  any  water  district  election,  including 
any  water  district  bond  election. 

Officers  subject  to  recall. 

Sec.  7.  Every  incumbent  of  an  elective  office,  whether  elected  by 
popular  vote  for  a  full  term,  or  elected  by  the  board  of  directors  to  fill 
a  vacancy,  or  appointed  by  a  mayor  or  by  said  board  of  supervisors  for 
a  full  term,  is  subject  to  recall  by  the  voters  of  any  county  water  dis- 
trict organized  under  the  provisions  of  this  act,  in  accordance  with  the 
recall  provisions  of  the  general  laws  of  the  state  applicable  to  ofiicers 
of  counties. 

Organization  of  board. 

Sec.  8.  The  board  of  directors  shall  be  the  governing  body  of  such 
county  water  district.  It  shall  hold  its  first  meeting  on  the  sixth  ^Ion- 
day  after  the  first  general  election  for  the  election  of  directors  as  herein 
provided ;  it  shall  choose  one  of  its  members  president,  and  shall  there- 
upon provide  for  the  time  and  place  of  holding  its  meetings  and  the 
manner  in  which  its  special  meetings  may  be  called.  All  legislative 
sessions  of  the  board  of  directors  whether  regular  or  special  shall  be 
open  to  the  public.  A  majority  of  the  board  of  directors  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  The  board  of  directors 
shall  establish  rules  for  its  proceedings. 

Ordinances. 

Sec.  9.  The  board  of  directors  shall  act  only  by  ordinance  or  reso- 
lution. The  ayes  and  noes  shall  be  taken  upon  the  passage  of  all  ordi- 
nances or  resolutions  and  entered  upon  the  journal  of  the  proceedings 
of  the  board  of  directors.  No  ordinance  or  resolution  shall  be  passed 
or  become  effective  without  the  affirmative  votes  of  at  least  a  majority  of 
the  members  of  the  board.  The  enacting  clause  of  all  ordinances  passed 
by  the  board  shall  be  in  these  words :  "Be  it  ordained  by  the  board  of 

directors  of  county  water  district  as  follows:".     All 

resolutions  and  ordinances  shall  be  signed  by  the  president  of  the  board 
of  directors  and  attested  by  the  secretary.  Each  of  the  members  of 
the  board  of  directors  shall  receive  for  each  attendance  at  the  meetings 
of  the  board  ten  dollars,  and  shall  receive  no  other  compensation.  No 
director,  however,  shall  receive  pay  for  more  than  three  meetings  in  any 


160  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

calendar  month.  Any  vacancy  in  the  board  of  directors,  whether  the 
vacant  office  is  elective  or  appointive,  shall  be  filled  by  the  remaining 
directors. 

General  manager,  secretary,  and  auditor. 

Sec.  10.  The  board  of  directors  shall  at  its  first  meeting,  or  as  soon 
thereafter  as  practicable,  appoint,  by  a  majority  vote,  a  general  man- 
ager, a  secretary,  and  an  auditor.  No  director  shall  be  eligible  to  the 
office  of  general  manager,  secretary  or  auditor.  The  general  manager, 
secretary,  and  auditor  shall  receive  such  compensation  as  the  board  of 
directors  shall  determine,  and  each  shall  serve  at  the  pleasure  of  the 
board. 

Informality  not  to  invalidate. 

Sec.  11.  No  informality  in  any  proceeding  or  informality  in  the 
conduct  of  any  election,  not  substantially  affecting  adversely  the  legal 
rights  of  any  citizen,  shall  be  held  to  invalidate  the  incorporation  of  any 
county  water  district,  and  any  proceeding  wherein  tbe  validity  of  such 
incorporation  is  denied  shall  be  commenced  within  three  months  from 
the  date  of  the  certificate  of  incorporation,  otherwise  said  incorporation 
and  the  legal  existence  of  said  county  water  district,  and  all  proceedings 
in  respect  thereto,  shall  be  held  to  be  valid  and  in  every  respect  legal 
and  incontestable. 

POWERS  AND  DUTIES. 
Powers  of  district. 

Sec.  12.  Any  county  water  district  incorporated  as  herein  provided 
shall  have  power: 

1.  To  have  perpetual  succession; 

2.  To  sue  and  be  sued,  except  as  otherwise  provided  herein  or  by  law, 
in  all  actions  and  proceedings  in  all  courts  and  tribunals  of  competent 
jurisdiction ; 

3.  To  adopt  a  seal  and  alter  it  at  pleasure; 

4.  To  take  by  grant,  purchase,  gift,  devise,  or  lease;  to  hold,  use, 
enjoy,  and  to  lease  or  dispose  of  real  and  personal  property  of  every 
kind,  within  or  without  the  district,  necessary  to  the  full  exercise  of  its 
powers ; 

5.  To  construct,  purchase,  lease  or  otherwise  acquire  waterworks  and 
other  works  and  machinery,  canals,  conduits  and  reservoirs,  and  to 
purchase,  lease  or  otherwise  acquire  water  rights,  storage  sites,  water 
sheds,  lands,  rights  and  privileges,  useful  or  necessary  to  convey, 
supply,  store  or  otherwise  make  use  of  water  for  irrigation,  power  or 
other  useful  purposes,  and  to  operate  and  maintain  such  water  rights, 
waterworks,  canals,  conduits,  reservoirs,  storage  sites,  water  sheds, 
works,  machiner)',  lands,  rights  and  privileges  for  the  uses  aforesaid 
for  the  benefit  of  the  district; 

6.  To  store  water  for  the  benefit  of  the  district;  to  conserve  water 
for  future  use;  to  appropriate,  acquire  and  conserve  water  and  water 
rights  for  any  useful  purpose ;  to  commence,  maintain,  intervene  in  and 
compromise,  in  the  name  of  the  district,  and  to  assume  the  costs  of  any 
action  or  proceeding  involving  or  affecting  the  ownership  or  use  of 
waters  or  water  rights  within  the  district  used  or  useful  for  any  purpose 
of  the  district  or  a  benefit  to  any  land  situated  therein ;  to  commence, 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  161 

maintain,  intervene  in,  defend  and  compromise  actions  and  proceedings 
to  prevent  interference  with  or  diminution  of  the  natural  flow  of  any 
stream  or  natural  subterranean  supply  of  waters  used  or  useful  for  any 
purpose  of  the  district  or  a  common  benefit  to  the  lands  within  the 
district  or  its  inhabitants;  and  to  commence,  maintain  and  defend 
actions  and  proceedings  to  prevent  any  such  interference  with  the 
aforesaid  waters  as  may  endanger  the  inhabitants  or  lands  of  the 
district ; 

7.  To  lease  of  and  from  any  person,  firm  or  public  or  private  cor- 
poration, with  the  privilege  of  purchase,  or  otherwise,  existing  water 
rights,  waterworks,  canals,  or  reservoir  systems ;  and  to  carry  on  and 
maintain  the  same ;  also  to  sell  Avater,  or  the  use  thereof,  for  irrigation, 
power,  or  other  useful  purposes,  and  whenever  there  is  a  surplus,  sell, 
or  otherwise,  dispose  of  the  same,  to  municipalities,  or  towTis,  or  to 
consumers,  located  within  or  without  the  boundaries  of  the  district ; 

8.  To  have  and  exercise  the  right  of  eminent  domain  in  the  manner 
provided  by  law  for  the  condemnation  of  private  property  for  public 
use,  to  take  any  property  necessary  to  supply  the  district  or  any  portion 
thereof  with  water,  Avhether  such  property  be  already  devoted  to  the 
same  use  or  otherwise,  and  may  condemn  any  existing  water  rights, 
canals,  reservoirs,  storage  sites,  water  sheds,  waterworks  or  systems,  or 
any  portion  thereof  owned  by  any  person,  firm  or  corporation ;  provided, 
that  property  and  water  rights  of  municipal  corporations  shall  not  be 
subject  to  tbe  provisions  of  this  section.  In  proceedings  relative  to  the 
exercise  of  such  right,  the  district  shall  have  the  same  rights,  powers 
and  privileges  as  a  municipal  corporation ; 

9.  To  cooperate  and  contract  with  the  United  States,  under  the 
federal  reclamation  act  of  June  17,  1902,  and  all  acts  amendatory 
thereof  or  supplementary  thereto,  or  any  other  act  of  congress  here- 
tofore or  hereafter  enacted,  authorizing  or  permitting  such  cooperation 
or  contract  for  purposes  of  construction  of  works,  whether  for  irriga- 
tion, drainage,  flood  control  or  for  the  development  of  electric  or  other 
power,  or  for  the  acquisition,  purchase,  extension,  operation  or  mainte- 
nance of  such  works,  or  for  a  water  supply,  or  for  the  assumption  as 
principal  or  guarantor  of  indebtedness  to  the  United  States,  and  to 
carry  out  and  perform  the  terms  of  any  contract  so  made ; 

10.  To  borrow  money  and  incur  indebtedness  and  to  issue  bonds  or 
other  evidences  of  such  indebtedness;  also  to  refund  or  retire  any 
indebtedness  or  lien  that  may  exist  against  the  district  or  property 
thereof ; 

11.  To  cause  taxes  to  be  levied  for  the  purpose  of  paying  any  obliga- 
tion of  the  district  and  to  accomplish  the  purposes  of  this  act  in  the 
manner  herein  provided; 

12.  To  make  contracts,  to  employ  labor  and  to  do  all  acts  necessary 
for  the  full  exercise  of  the  foregoing  powers.  (Amended  Stats.  1919,  p. 
816;  Stats.  1923,  p.  312.) 

Powers  exercised  by  board. 

Sec.  13.  The  powers  herein  enumerated  shall,  except  as  herein 
otherwise  provided,  be  exercised  by  the  board  of  directors  above  pro- 
vided for  and  elected  and  .ippointed  as  described  herein. 

11—40508 


162  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

Duties  of  officers  of  board. 

Sec.  14,  The  president  shall  sign  all  contracts  on  behalf  of  the 
district  and  perform  such  other  duties  as  may  be  imposed  by  the  board 
of  directors.  The  secretary  shall  countersign  all  contracts  on  behalf  of 
the  district  and  perform  r.uch  other  duties  as  may  be  imposed  by  the 
board  of  directors.  The  secretary  shall  give  his  full  time  during  office 
hours  to  the  affairs  of  the  district.  The  general  manager  shall  have 
full  charge  and  control  of  the  maintenance,  operation  and  construction 
of  the  waterworks  or  waterworks  system  of  said  water  district,  with 
full  power  and  authority  to  employ  and  discharge  all  employees  and 
assi-stants  at  pleasure,  prescribe  their  duties,  and  shall,  subject  to  the 
approval  of  the  board  of  directors,  fix  their  compensation.  The  general 
manager  shall  perform  such  other  duties  as  may  be  imposed  upon  him 
by  the  board  of  directors.  The  general  manager  shall  report  to  the 
board  of  directors  in  accordance  with  such  rules  and  regulations  as 
they  may  adopt.  The  auditor  shall  be  charged  with  the  duty  of  in- 
stalling and  maintaining  a  system  of  auditing  and  accounting  that 
shall  completely  and  at  all  times  show  the  financial  condition  of  the 
district.  He  shall  draw  warrants  to  pay  demands  made  against  the 
district  when  such  demands  have  been  first  approved  bj'  at  least  three 
members  of  the  board  of  directors  and  by  the  general  manager.  The 
board  of  directors  shall  also  designate  a  depositan,^  or  depositaries  to 
have  the  custody  of  the  funds  of  the  district,  all  of  which  depositaries 
shall  give  security  sufficient  to  secure  the  district  against  possible  loss, 
and  who  shall  pay  the  warrants  drawn  by  the  auditor  for  demands 
against  the  district  under  such  rules  as  the  directors  may  prescribe.  The 
general  manager,  secretary  and  auditor,  and  all  other  employees  or 
assistants  of  said  district  who  may  require  so  to  do  by  the  board  of  di- 
rectors, shall  give  bonds  to  the  district  conditioned  for  the  faithful 
performance  of  their  duties  as  the  board  of  directors  from  time  to 
time  may  provide. 

Bonded  indebtedness.  Election.  Notice.  Publication.  Canvass  of  returns. 

Sec.  15.^  Whenever  the  board  of  directors  deem  it  necessary  for 
the  district  to  incur  a  bonded  indebtedness,  it  shall  by  resolution  so 
declare,  and  state  in  said  resolution  the  purpose  for  which  the  pro- 
posed debt  is  to  be  incurred  and  the  amount  thereof,  and  shall  by  said 
resolution  fix  a  time  and  place  for  a  hearing  by  the  board  on  the  ques- 
tion as  to  whether  the  whole  district  or  only  a  portion  thereof  will  be 
benefited  by  the  accomplishment  of  said  purpose,  and  if  only  a  portion 
thereof  will  be  so  benefited,  what  portion  will  be  so  benefited.  Notice 
of  such  hearing  shall  thereupon  be  given  by  the  secretary  of  said 
board  of  directors  by  publication  of  a  copy  of  said  resolution  in  some 
newspaper  printed  and  published  in  said  district  for  at  least  two  weeks 
and,  if  there  be  no  newspaper  printed  and  published  in  said  district, 
by  posting  a  copy  thereof  in  three  public  places  within  said  district 
at  least  two  weeks  before  the  time  fixed  for  said  hearing.  Said  copy 
of  said  resolution  so  published  or  posted  shall  be  accompanied  by 
notice  subscribed  by  said  secretary,  with  the  seal  of  the  district  at- 
tached, to  the  effect  that  the  hearing  referred  to  in  said  resolution  will 

^  See  note  following:  section  22. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  163 

be  had  at  the  time  and  place  specified  in  said  resolution  and  at  said 
time  any  person  interested,  including  all  persons  owning  property  in 
said  district,  will  be  heard  upon  the  question  stated  in  said  resolution. 
At  the  time  and  place  fixed  in  .said  resolution  for  said  hearing,  or  at 
such  time  and  place  to  which  said  hearing  may  be  adjourned,  said 
board  of  directors  shall  proceed  with  said  hearing  and  any  person 
interested,  including  any  and  all  persons  owning  property  within  said 
district,  may  appear  and  present  any  and  all  such  matters  material 
to  said  question  as  he  may  desire.  Upon  the  conclusion  of  said  hearing, 
said  board  of  directors  shall  by  resolution  determine  whether  the 
whole  of  said  district  will  be  benefited  by  the  accomplishment  of  the 
purpose  stated,  and  if  it  determines  that  the  whole  of  said  district 
will  not  be  so  benefited  by  the  accomplishment  of  said  purpose,  it  shall 
state  what  portion  of  the  district  will  be  so  benefited,  describing  the 
same  in  a  manner  sufficient  for  identification  and  that  portion  of  the 
county  water  district  so  described  shall  thereupon  constitute  and  be 

known  as  Improvement  District  No of county 

water  district,  and  the  proceedings  thereafter  for  the  purpose  of  the 
bond  election  within  said  improvement  district  and  for  the  purpose  of 
taxation  for  the  payment  of  said  bonds  and  interest  shall  be  limited, 
and  apply  only  to  said  improvement  district  of  said  county  water  dis- 
trict. The  determination  of  the  board  of  directors  on  this  question 
shall  be  final  and  conclusive.  The  resolution  of  the  board  of  directors 
expressing  its  determination  in  the  matter  having  been  adopted,  said 
board  of  directors,  if  they  deem  it  necessary  to  incur  such  bonded 
indebtedness,  shall  by  a  resolution  so  declare  and  state  the  purpose  for 
which  the  proposed  debt  is  to  be  incurred,  whether  or  not  the  whole  of 
the  county  water  district  is  to  be  benefited  thereby  or  only  a  portion 
thereof,  and  if  only  a  portion  thereof,  a  description  of  such  portion 
sufficient  for  identification  and  the  designation  thereof  as  hereinafter 
provided  for  all  in  accord  with  the  determination  of  the  board  as  ex- 
pressed in  its  previous  resolution,  the  amount  of  debt  to  be  incurred, 
the  maximum  term  the  bonds  to  be  issued  shall  run  before  maturity, 
which  shall  not  exceed  forty  years,  and  the  amount  or  rate  of  interest 
to  be  paid  which  shall  not  exceed  seven  per  cent  per  annum,  payable 
annually  or  semi-annually  and  the  proposition  to  be  submitted  to  the 
electors.  The  board  of  directors  shall  fix  a  date  upon  which  an  election 
shall  be  held  for  the  purpose  of  authorizing  said  bonded  indebtedness 
to  be  incurred.  It  shall  be  the  duty  of  the  board  of  directors  to  pro- 
vide for  holding  such  special  election  on  the  day  so  fixed,  in  accordance 
with  the  general  election  laws  of  the  state,  so  far  as  the  same  shall 
be  applicable,  except  as  herein  otherwise  provided.  Such  board  of 
directors  shall  give  notice  oi"  the  holding  of  such  election,  which  notice 
shall  contain  the  resolution  calling  the  election  adopted  by  the  board 
of  directors  of  the  water  district,  boundaries  of  voting  precincts,  which 
shall  include  therein  only  such  portions  of  the  district  as  will  be  ben- 
efited, as  stated  in  such  resolution,  the  location  of  polling  places,  and 
the  names  of  the  officers  selected  to  conduct  the  election,  who  shall 
consist  of  one  judge,  one  inspector  and  two  clerks  in  each  precinct. 
Such  notice  shall  be  published  for  two  weeks  in  at  least  one  newspaper 
printed  and  published  in  such  water  district,  which  newspaper  or  news- 


164  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

papers  shall  be  designated  by  the  board  of  directors ;  and  if  there  is  no 
newspaper  printed  and  published  in  such  water  district,  then  by  posting 
such  notice  in  three  public  places  in  the  said  county  water  district  if 
the  entire  water  district  has  been  found  to  be  benefited  or  otherwise  in 
said  improvement  district  so  created  therein.  Every  qualified  elector 
residing  within  such  voting  precincts,  but  no  others,  shall  be  entitled 
to  vote  at  such  election.  All  the  expenses  of  holding  such  election 
shall  be  borne  by  the  county  water  district.  The  returns  of  such 
election  shall  be  made  to  and  the  votes  canvassed  by  said  board  of 
directors  on  the  first  Monday  following  said  election,  and  the  results 
thereof  ascertained  and  declared  in  accordance  with  the  general  election 
laws  of  the  state,  so  far  as  they  may  be  applicable,  except  as  herein 
otherwise  provided.  The  secretary  of  the  board  of  directors,  as  soon 
as  the  result  is  declared,  shall  enter  in  the  records  of  such  board  a 
statement  of  such  result.  No  irregularities  or  informalities  in  con- 
ducting such  election  shall  invalidate  the  same,  if  the  election  shall 
have  otherwise  been  fairly  conducted.  Except  as  otherwise  provided 
for  herein,  said  election  shall  be  called,  managed  and  directed  as  is  by 
law  provided  for  general  elections  in  this  state  applicable  thereto. 
(Stats.  1923,  p.  314;  1925,  p.  987.) 

Two-thirds  vote  necessary. 

Sec.  16.  If  from  such  returns  it  appears  that  more  than  two-thirds 
of  the  votes  east  at  such  election  were  in  favor  of  and  assented  to  the 
incurring  of  such  indebtedness,  then  the  board  of  directors  may,  by 
resolution,  at  such  time  or  times  as  it  deems  proper,  provide  for  the 
form  and  execution  of  such  bonds  and  for  the  issuance  of  any  part 
thereof,  and  may  sell  or  dispose  of  the  bonds  so  issued  at  such  times  or 
in  such  manner  as  it  may  deem  to  be  to  the  public  interest. 

Value  of  bonds  issued. 

Sec.  17.  Any  bonds  issued  by  any  district  organized  under  the  pro- 
visions of  this  act  are  hereby  given  the  same  force,  value  and  use  as 
bonds  issued  by  any  municipality  and  shall  be  exempt  from  all  taxa- 
tion within  the  State  of  California. 

Power  to  construct  works. 

Sec.  18.  The  board  of  directors  shall  have  power  to  construct  works 
across  any  stream  of  water,  watercoui-se,  street,  avenue,  highway,  rail- 
way, canal,  ditch,  or  flume  which  the  route  of  said  Avorks  may  intersect 
or  cross;  provided,  such  works  are  constructed  in  such  manner  as  to 
afford  security  for  life  and  property,  and  said  board  of  directors  shall 
restore  the  cras.sings  and  intersections  to  their  former  state  as  near  as 
may  be,  or  in  a  manner  not  to  have  impaired  unnecessarily  their  useful- 
ness. Every  company  whose  right  of  way  shall  be  intersected  or 
crossed  by  said  works  shall  unite  with  said  board  of  directors  in  forming 
said  intersections  and  crossings  and  grant  the  rights  therefor.  The 
right  of  way  is  hereby  given,  dedicated  and  set  apart  to  locate,  construct 
and  maintain  said  works  over  and  through  any  of  the  lands  which  are 
now  or  may  be  the  property  of  this  state,  and  to  have  the  same  rights 
and  privileges  appertaining  thereto  as  have  been  or  may  be  granted  to 
tho  \numr\]v.\]\\'u'^  within  the  state. 


Water  rates. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  165 

WATER  RATES  AND  TAXES. 


Sec.  19.  The  board  of  directors  shall  fix  all  water  rates,  subject  to 
the  power  of  the  .state  railroad  commission  to  fix  rates  for  water  fur- 
nished to  municipal  corporations  and  their  inhabitants,  and  shall 
through  the  general  manager  collect  the  charges  for  the  sale  and  distri- 
bution of  water  to  all  customers.     (Amended  Stats.  1915,  p.  26.) 

Rate  to  pay  operating  expenses. 

Sec.  20.  The  board  of  directors  in  the  furnishing  of  water  shall  fix 
such  rate  as  will  pay  the  operating  expenses  of  the  district,  provide  for 
repairs  and  depreciation  of  works  owned  or  operated  by  it,  pay  the 
interest  on  any  bonded  debt,  and,  so  far  as  passible,  provide  a  sinking 
or  other  fund  for  the  payment  of  the  principal  of  such  debt  as  it  may 
become  due ;  it  being  the  intention  of  this  .section  to  require  the  district 
to  pay  the  interest  and  principal  of  its  bonded  debt  from  the  revenues 
of  the  district. 

Tax  levy  to  pay  deficit. 

Sec.  21.2  If,  from  any  cause,  the  revenues  of  the  water  district  shall 
be  inadequate  to  pay  the  interast  on  or  principal  of  any  bonded  debt 
as  it  becomes  due  or  any  other  expenses  or  claims  against  the  district, 
then  the  board  of  directors  must,  at  least  fifteen  days  before  the  first 
day  of  the  month  in  which  the  board  of  supervisors  of  the  county  or 
city  and  county  in  which  such  district  is  located  is  required  by  law  to 
levy  the  amount  of  taxes  required  for  county  or  city  and  county  pur- 
poses, furnish  to  the  board  of  supervisors  and  to  the  auditor,  respect- 
ively, an  estimate  in  writing  of  the  minimum  amount  of  money  required 
by  the  district  for  the  payment  of  the  principal  of  or  interest  on  any 
bonded  debt  as  it  becomes  due,  together  with  a  description  of  the 
portion  of  the  district  benefited  thereby,  as  stated  by  the  board  of 
directors  in  the  resolution  declaring  the  necessity  to  incur  such  bonded 
indebtedness,  and  also  of  the  minimum  amount  of  money  required  by 
the  district  for  any  other  purpose  in  this  section  set  forth,  and  the 
board  of  supervisors  of  such  county  or  city  and  county  must  annually, 
at  the  time  and  in  the  manner  of  levying  other  county  or  city  and 
county  taxes  and  until  any  such  bonded  debt  is  fully  paid,  levy  upon  the 
property  within  the  portion  of  the  district  so  benefited  and  cause  to  be 
collected,  a  tax  sufficient  for  the  payment  of  the  principal  of  and  the 

interest  on  such  bonded  indebtedness  to  be  known  as  the  " 

county  water  district  bond  tax";  and  until  all  other  expenses  or  claims 
are  fully  paid,  levy  upon  all  of  the  property  within  the  district  and 
cause  to  be  collected  a  tax  sufficient  for  the  payment  thereof  to  be 

known  as  the  " count j^  water  district  water  tax."    Where 

with  relation  to  any  such  bonded  indebtedness,  the  determination  of  the 
board  of  directors  as  expressed  in  its  resolution  shall  have  been  to  the 
effect  that  the  whole  of  the  said  district  was  benefited  by  the  purpose 
thereof,  it  will  be  sufficient  for  the  purpose  of  this  section  to  simply 
state  that  the  whole  of  the  district  was  so  benefited.  (Stats.  1923,  p. 
313;  1925,  p.  987.) 

*  See  note  following  section   22. 


16d  CALIFOBNIA   IRRIGATION    DISTRICT   LAWS. 

Levy  and  collection  of  tax. 

Sec.  22.'  Such  taxes  for  the  payment  of  the  interest  on  or  principal 
of  any  such  bonded  debt  shall  be  levied  on  the  property  within  the 
portion  or  portions  of  the  district  benefited  thereby  as  stated  by  the 
board  of  directors  in  accordance  with  their  determination  in  the  resolu- 
tion declaring  such  determination,  as  well  as  in  their  resolution  de- 
claring the  necessity  for  such  indebtedness,  and  all  taxes  for  other 
purposes  shall  be  levied  on  all  property  in  the  territory  comprising 
the  district.  All  such  taxes  shall  be  collected  at  the  same  time  and  in 
the  same  manner  and  form  as  county  taxes  are  collected,  and  when 
collected  shall  be  paid  to  the  district  for  Avhich  such  taxes  were  levied 
and  collected.  Such  taxes,  if  for  the  payment  of  a  bonded  debt  or  the 
interest  thereon,  shall  be  a  lien  on  all  the  property  benefited  thereby, 
as  so  stated  in  the  resolution  of  the  board  of  directors  aforesaid,  and 
all  taxes  for  other  purposes  shall  be  a  lien  on  all  the  property  in  the 
territory  comprising  the  district;  and  said  taxes,  whether  for  the  pay- 
ment of  a  bonded  indebtedness  or  the  interest  thereon  or  for  other 
purposes,  shall  be  of  the  same  force  and  effect  as  other  liens  for  taxes, 
and  their  collection  shall  be  enforced  by  the  same  means  as  provided 
for  in  the  enforcement  of  liens  for  state  and  county  taxes.  (Stats. 
1915,  p.  29;  1923,  p.  315;  1925,  p.  987.) 

GENERAL  PROVISIONS. 
Initiative. 

Sec.  23.  Ordinances  may  be  passed  by  the  electors  of  any  county 
water  district  organized  under  the  provisions  of  this  act  in  accordance 
with  the  methods  provided  by  the  general  laws  of  the  state  for  direct 
legislation  applicable  to  counties. 

Referendum. 

Sec.  24.  Ordinances  may  be  disapproved  and  thereby  vetoed  by  the 
electors  of  any  such  county  water  district  by  proceeding  in  accordance 
with  the  methods  provided  by  the  general  laws  of  the  state  for  protest- 
ing against  legislation  by  counties. 

Adding  to  district. 

Sec.  25.  Any  portion  of  a  county  or  any  municipality,  or  both,  may- 
be added  to  any  county  water  district  organized  under  the  provisions 
of  this  act,  at  any  time,  upon  petition  presented  in  the  manner  herein 
provided  for  the  organization  of  such  water  district,  which  petition 
may  be  granted  by  ordinance  of  the  board  of  directors  of  such  water 
district.  Such  ordinance  shall  be  submitted  for  adoption  or  rejection  to 
the  vote  of  the  electors  in  such  water  district  and  in  the  proposed 
addition,  at  a  general  or  special  election  held  as  herein  provided,  within 
seventy  days  after  the  adoption  of  such  ordinance.    If  such  ordinance 

3NOTH — Chapter  457  of  the  Statutes  of  1925  (p.  987),  which  amended  sections  15,  21 
and  22  of  this  act,  contained  the  following  section,  which  must  be  interpreted  as  a 
limitation  on  these  three  sections : 

Sbc.  4.  This  act  shall  have  no  effect  with  regard  to  any  bonded  indebtedness 
of  the  district  heretofore  authorized  by  vote  of  the  electors  of  the  district  in  accord 
with  the  law  in  force  at  the  time  of  such  authorization,  whether  all  of  said  bonds 
so  authorizd  have  been  heretofore  issued  and  sold  or  not,  but  all  such  bonds  so 
authorized  may  be  issued  and  sold  in  conformity  with  the  law  in  force  at  the  time 
of  such  authorization,  and  all  provisions  of  such  laws  applicable  to  such  bonds  at 
the  time  of  such  authorization  shall,  with  regard  to  said  bonds,  continue  in  full 
force  and  effect. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  167 

is  approved,  the  president  and  secretary  of  the  board  of  directors  shall 
certify  that  fact  to  the  secretary  of  slate  and  to  the  county  recorder  of 
the  county  in  which  such  water  district  is  located.  Upon  the  receipt  of 
such  last  mentioned  certificate  the  secretary  of  state  shall,  within  ten 
days,  issue  his  certificate,  reciting  the  passage  of  said  ordinance  and 
the  addition  of  said  territory  to  said  district.  A  copy  of  such  certificate 
shall  be  transmitted  to  and  filed  with  the  county  clerk  of  the  county  in 
which  such  county  water  district  is  situated.  From  and  after  the  date 
of  such  certificate  the  territory  named  therein  shall  be  deemed  added 
to  and  form  a  part  of  said  county  water  district,  with  all  the  rights, 
privileges  and  powers  set  forth  in  this  act  and  necessarily  incident 
thereto. 

Other  water  acts  not  repealed. 

Sec.  26.  Nothing  in  this  act  shall  be  so  construed  as  repealing  or  in 
any  wise  modifying  the  provisions  of  any  other  act  relating  to  water  or 
the  supply  of  water  to,  or  the  acquisition  thereof  by  counties  or  munici- 
palities within  this  state.  The  term  "municipality,"  as  used  in  this 
act,  shall  include  a  consolidated  city  and  county,  city  or  town,  and  shall 
be  understood  and  so  construed  as  to  include,  and  is  hereby  declared 
to  include,  all  corporations  heretofore  organized  and  now  existing  and 
those  hereafter  organized  for  municipal  purpases  within  such  water 
districts.  The  term  "county"  shall  be  understood  nad  construed  to 
include  "city  and  county."  In  municipalities  in  which  there  Is  no 
mayor  the  duty  imposed  upon  said  officer  by  the  provisions  of  this  act 
shall  be  performed  by  the  president  of  the  board  of  trustees  or  other 
chief  executive  of  the  municipality.  The  word  "district"  shall  apply, 
unless  otherwise  expressed  or  used,  to  a  water  district  formed  under  the 
provisions  of  this  act,  and  the  word  "board"  and  the  words  "boards  of 
directors"  shall  apply  to  the  board  of  directors  of  such  district.  Any 
county  water  district  heretofore  oganized  under  the  provisions  of  the 
act  of  which  this  act  is  amendatory  shall  enjoy  all  the  powers  herein 
granted  and  the  organization  of  such  districts  and  all  proceedings  lead- 
ing to  such  organization  are  hereby  affirmed  and  validated  and  such 
districts  are  hereby  declared  to  be  duly  organized  and  incorporated. 
(Amended  Stats.  1915,  p.  26.) 

Duties  performed  by  registrar  of  voters. 

Sec.  27.  Whenever  a  registrar  of  voters  in  any  county,  or  city  and 
county,  shall  be  appointed,  or  elected,  under  the  provisions  of  law,  or 
charter  providing  therefor,  the  duties  imposed  on  the  county  clerk  by 
the  provisions  of  this  act  shall  be  performed  by  the  registrar  of  voters 
with  like  effect,  and  in  such  ease  all  papers  or  documents  required  to 
be  filed  with  the  county  clerk  shall  be  filed  with  said  registrar  of  voters 
when  so  appointed  or  elected. 

Exclusion  of  territory. 

Sec.  28.  Any  territory,  included  within  any  county  water  district 
formed  under  the  provisions  of  this  act.  and  not  benefited  in  any 
manner  by  such  district,  or  its  continued  inclusion  therein,  may  be 
excluded  therefrom  by  order  of  the  board  of  directors  of  such  district 
upon  the  verified  petition  of  the  owner  or  owners  in  fee  of  lands  whose 


168  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

assessed  value,  with  improvements,  is  in  excess  of  one-half  of  the 
assessed  value  of  all  the  lands,  with  improvements,  held  in  private 
ownership  in  such  territory.  S§id  petition  shall  describe  the  territory 
sought  to  be  excluded  and  shall  set  forth  that  such  territory  is  not 
benefited  in  any  manner  by  said  county  water  district  or  its  continued 
inclusion  therein,  and  shall  pray  that  such  territory  may  be  excluded 
and  taken  from  said  district.  Such  petition  shall  be  filed  with  the 
secretary  of  the  water  district  and  shall  be  accompanied  by  a  deposit 
with  such  secretary  of  the  sum  of  one  hundred  dollars,  to  meet  the 
expenses  of  advertising  and  other  costs  incident  to  the  proceedings  for 
the  exclusion  of  such  territory,  including  the  cost  of  recording  a  certified 
copy  of  the  order  hereinafter  provided  for,  any  unconsumed  balance 
to  be  returned  to  the  petitioner.  Upon  the  filing  of  such  petition  with 
the  secretary  of  the  water  district  he  shall  call  a  meeting  of  the  board 
of  directors  of  the  district  at  a  time  not  less  than  twenty-five  days  nor 
more  than  fifty  days  after  the  filing  of  the  petition  and  cause  a  notice 
of  the  filing  of  such  petition  to  be  published  for  at  least  two  weeks  in 
some  newspaper  of  general  circulation  within  said  district,  if  there  be 
one,  and  if  not,  in  some  newspaper  of  general  circulation  published  in 
the  county  in  w^hich  the  district  is  situated.  Such  notice  shall  also  state 
the  date  of  the  filing  of  such  petition  and  that  the  same  will  come  on 
for  hearing  before  the  board  of  directors  of  the  district  and  shall  state 
the  time  of  the  hearing  and  the  place  thereof,  which  shall  be  the  regular 
meeting  place  of  the  board  of  directors  of  the  district;  provided,  that 
the  board  may  adjourn  the  hearing  to  a  more  convenient  meeting  place 
within  the  district.  Any  landowner  or  taxpayer  within  the  district 
shall  have  the  right  to  appear  at  said  hearing,  either  in  behalf  of  or  in 
opposition  to  the  granting  of  said  petition.  Said  petition  shall  come 
on  for  hearing  before  the  board  of  directors  of  the  district  at  the  time 
and  place  specified  in  the  notice  of  hearing.  If  upon  such  hearing  the 
board  of  directors  determines  that  it  is  for  the  best  interests  of  the 
district  that  the  lands  mentioned  in  the  petition,  or  some  portion  thereof, 
be  excluded  from  the  district,  or  if  it  appears  that  such  lands,  or  some 
portion  thereof,  will  not  be  benefited  by  their  continued  inclusion  in 
the  district,  then  the  board  of  directors  shall  make  an  order  that  such 
lands,  or  such  portion  thereof,  be  excluded  from  the  district,  such  order 
to  describe  specifically  the  lands  so  excluded.  From  the  time  of  the 
making  of  such  order  the  lands  so  excluded  shall  be  deemed  to  be  no 
longer  included  in  the  district,  but  such  order  of  exclusion  shall  not  be 
taken  to  invalidate  in  any  manner  any  taxes  or  assessments  theretofore 
levied  or  assessed  against  the  lands  so  excluded.  A  copy  of  such  order 
of  exclusion,  certified  to  by  the  secretary  of  the  district,  shall  be 
recorded  in  the  oflfice  of  the  county  recorder  of  the  county  in  which  the 
district  is  situated  and  the  record  of  such  certified  copy  shall  be  deemed 
prima  facie  evidence  of  the  exclusion  from  the  district  of  the  lands 
purporting  to  be  excluded  thereby. 

The  board  of  directors  of  any  countj'  water  district  formed  under 
the  provisions  of  this  act  may  itself  initiate  the  proceedings  for  the 
exclusion  from  the  district  of  any  land  or  lands  which  it  may  not  be 
for  the  best  interests  of  the  district  to  be  included,  or  which  may  not 
be  benefited  in  any  manner  by  their  continued  inclusion  therein.  Such 
proceedings  shall  be  initiated  by  the  board  of  directors  by  the  passage 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS,  169 

of  a  resolution  requiring  all  persons  interested  to  appear  and  show  cause 
before  the  board  of  directors,  at  a  time  and  place  specified,  why  such 
lands,  describing  them,  should  not  be  excluded  from  the  district  and 
fixing  a  time  and  place  for  such  hearing  and  directing  the  secretary 
of  the  district  to  give  notice  of  the  passage  of  such  resolution  and  of 
such  hearing.  Upon  the  passage  of  such  resolution  the  secretary  of  the 
district  shall  give  notice  thereof  and  of  the  time  and  place  of  such 
hearing  in  the  manner  hereinbefore  prescribed  for  notice  of  hearing 
upon  petition  by  a  landowner  or  landowners,  and  thereafter  all  pro- 
ceedings shall  be  had  in  the  manner  and  with  the  effect  herein  provided 
for  proceedings  upon  a  petition  by  a  landowner  or  landowners.  The 
time  of  hearing  fixed  by  the  board  of  directors  by  its  resolution  herein- 
before mentioned  shall  be  not  less  than  twenty-five  days  nor  more  than 
fifty  days  after  the  passage  of  such  resolution  and  the  place  of  hearing 
so  fixed  shall  be  a  convenient  place  within  the  district ;  provided,  that 
the  final  action  of  the  board  of  directors  under  this  section  shall  be 
subject  to  the  referendum  by  the  electors  of  the  water  district  according 
to  section  twenty-four  of  this  act.     (Added  Stats.  1917,  p.  225.) 


170  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

5.     THE  WATER  DISTRICT  ACT. 

An  act  providing  for  the  organization  of  water  districts  hy  the  hoard 
of  supervisors  of  the  different  counties  of  the  state  upon  petition 
therefor  hy  the  land  owners;  providing  for  the  joint  government  and 
control  thereof  hy  the  land  owners  thereof  and  the  hoard  of  super- 
visors of  the  county  in  which  the  same  are  formed;  providing  for 
the  duties  in  connection  therewith  of  the  county  officials  of  each 
county  in  which  any  of  the  lands  contained  in  said  district  are 
located;  providing  for  the  acquisition  and  construction  hy  said 
district  of  irrigation  works,  for  the  irrigation  of  the  lands  emhraced 
therein  and  for  the  distrihution  therehy  of  water  for  irrigation 
purposes;  providing  for  the  payment  of  the  dehts  thereof  hy  a  tax 
levied  on  the  lands  emhraced  therein;  providing  for  the  issuance 
and  sale  of  hands  therehy;  providing  that  said  hands  may  he 
investigated  hy  an  appointive  hoard  of  three  hydraulic  engineers; 
providing  for  the  approval  of  said  hands  hy  the  state  superintendent 
of  hanks  in  case  said  investigation  is  favorably  reported  and  that 
thereafter  said  hands  may  he  lawfidly  purchased,  or  received  in 
pledge  as  security  for  any  money  or  deposits  or  for  the  perform- 
ance of  any  act,  hy  hanks,  hanking  institutions,  insurance  com- 
panies, trtist  companies,  guardians,  executors,  administrators  and 
special  administrators ;  providing  in  certain  cases  for  the  transfer 
of  districts  from  the  supervision  of  one  county  hoard  of  supervisors 
to  another;  and  providing  for  the  dissolution  of  said  districts  for 
nonuser  of  corporate  power. 

(Approved  June  13,  1913,  Stats.  1913,  p.  815.     Amended  Stats.  1917,  p.  1409;   Stats, 

1921,  p.  1142.) 

ORGANIZATION. 
Organization  of  water  districts.     Petition.     "Evidence  of  Title." 

Section  1.  The  holders  of  title  or  evidence  of  title  to  a  majority  in 
area  of  lands  which  are  susceptible  of  irrigation  from  a  common  source 
and  by  the  same  system  of  works  may  propose  the  organization  of  a 
water  district  by  signing  and  presenting  to  the  board  of  supervisors  of 
the  county  in  which  the  lands  or  the  greater  part  thereof  are  situated, 
at  any  of  its  regular  meetings,  a  petition  setting  forth  the  following 
facts, — that  they  propose  to  form  under  the  provisions  of  this  act  a 

water  district  to  be  known  as  the  "( )  Water  District";  the 

boundaries  thereof;  a  description  of  the  lands  contained  therein  by 
legal  subdivisions  or  other  boundaries,  specifying  the  county  in  which 
the  same  are  located ;  the  number  of  acres  in  the  proposed  district  and 
in  each  parcel  or  tract  of  land  contained  therein  with  the  names,  if 
known,  of  the  owners  thereof,  and,  if  not,  designating  them  as  "un- 
known"; the  place  where  the  principal  business  thereof  is  proposed  to 
be  transacted ;  and  the  source  or  sources  (which  may  be  in  the  alterna- 
tive) from  which  said  lands  are  proposed  to  be  irrigated.  The  words 
"title  or  evidence  of  title"  as  used  in  this  section  include  the  possessory 
rights  of  entrymen  or  purchasers  of  public  lands  under  any  law  of 
the  United  States  or  of  this  state  whether  evidenced  by  receipts  or 
otherwise.  The  records  of  the  United  States  land  office  for  the  district 
in  which  said  lands  are  located ;  the  records  of  the  state  land  office ;  and 
the  records  in  the  office  of  the  county  recorder  of  the  county  in  which 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  171 

said  lands  are  situated  shall  be  conclusive  evidence  of  ownership  for 
the  purposes  of  this  section. 

Lands  within  irrigation  district. 

Sec.  la.  All  or  any  part  of  lands  embraced  within  the  boundaries  of 
any  irrigation  district  now  or  hereafter  organized  under  any  law  or 
laws  whatsoever  of  the  State  of  California  may  be  organized  into  or 
included  in  a  water  district  formed  under  the  provisions  of  this  act; 
provided,  that  eighty  per  cent  of  the  land  within  the  boundaries  of  the 
proposed  water  district  is  not  under  irrigation  at  the  time  of  the  for- 
mation of  the  water  district;  provided,  further,  that  no  land  within  an 
irrigation  district  which  is  also  within  the  boundaries  of  a  water  dis- 
trict formed  under  the  provisions  hereof  shall  be  released  from  any  of 
the  burdens,  obligations,  liabilities,  or  control  of  or  under  said  irriga- 
tion district  by  virtue  of  the  formation  of  the  water  district  and  shall  in 
every  respect  continue  to  be  a  part  of  said  irrigation  district  despite 
the  formation  of  said  water  district ;  provided,  further,  that  such  water 
district  may  not  issue  bonds  in  excess  of  such  an  amount  as  may  be 
authorized  and  designated  by  the  irrigation  district  bond  commission 
created  by  the  act  entitled,  "An  act  relating  to  bonds  of  irrigation 
districts,  providing  under  what  circumstances  such  bonds  shall  be 
legal  investments  for  funds  of  banks,  insurance  companies  and  trust 
companies,  trust  funds,  state  school  funds  and  any  money  or  funds 
which  may  now  or  hereafter  be  invested  in  bonds  of  cities,  cities  and 
counties,  counties,  school  districts  or  municipalities,  and  providing 
under  what  circumstances  the  use  of  bonds  of  irrigation  districts  as 
security  for  the  performance  of  anj'  act  may  be  authorized,"  approved 
June  13,  1913,  or  such  other  state  commission,  department  or  agency 
that  may  supersede  said  commission  or  succeed  to  its  functions.  (New 
section  added  Stats.  1921,  p.  1142.) 

Publication  of  petition.     Fixing  boundaries.     District  declared  organized. 

Sec.  2.  A  copy  of  said  petition  and  a  notice  signed  by  one  or  more  of 
the  Detitioners  stating  the  time  and  place  at  which  the  petition  will  be 
presented  to  and  heard  by  the  board  of  supervisors  shall  be  published 
once  a  week  for  four  weeks  in  some  newspaper  of  general  circulation 
published  in  the  county  where  said  proceedings  are  to  be  held.  Proof 
of  publication  must  be  attached  to  the  petition  and  filed  with  the  clerk 
of  the  board  on  or  before  the  day  on  which  the  petition  is  presented. 
During  the  hearing,  or  any  continuation  thereof  until  concluded,  the 
board  must  keep  a  full  and  complete  record  of  all  the  proceedings  and 
shall  preserve  the  evidence  of  all  persons  appearing  and  testifying 
therein.  If,  at  the  hearing,  it  shall  appear  that  the  petition  has  been 
prepared  and  presented  in  the  manner  required  by  law  and  that  it 
contains  the  required  and  properly  qualified  signatures  thereto,  the 
board  shall  enter  its  order  approving  the  same.  Thereupon  the  board 
shall  fix  the  boundaries  of  the  district  and  to  that  end  may  exclude 
therefrom  any  lands  improperly  included  therein  by  the  petitioners; 
and  after  a  hearing  thereon  pursuant  to  a  notice  thereof  published  for 
the  time  and  in  the  manner  required  for  the  publication  of  the  petition 
(proof  whereof  has  been  filed  with  the  clerk  of  the  board  on  or  before 


172  CALIFORNIA   IRRIGATION   DISTRICT   LAWS.. 

the  date  of  said  hearing)  shall  include  in  said  district  any  land  which 
shall  appear  to  have  been  improperly  excluded  therefrom  by  the  peti- 
tioners ;  and  the  board  shall  appoint  until  such  time  as  their  successors 
are  elected  and  shall  have  qualified  as  in  this  act  provided  and  from 
among  those  qualified  to  serve,  a  board  of  directors  and  an  assessor. 
The  various  orders  of  the  board  approving  the  petition,  fixing  the 
boundaries  of  the  district  and  appointing  its  officials  shall  be  indorsed 
upon  or  attached  to  the  petition,  and  be  signed  by  the  president  and 
attested  by  the  clerk  of  the  board  and  it  must  then  be  by  them  filed  for 
record  with  the  county  recorder  of  each  county  in  which  any  of  the 
lands  contained  in  said  district  are  located,  and  by  him  recorded  in  a 
book  kept  by  him  for  the  purpose  of  recording  instruments  and  writings 
relating  to  said  district.  When  said  documents  have  been  so  recorded, 
the  district  shall  be  and  is  hereby  declared  to  be  legally  organized  and 
shall  have  power  to  sue  and  be  sued. 

Tax  for  preliminary  expenses.. 

Sec.  2a.  Immediately  upon  the  formation  of  the  district  as  provided 
in  section  two  hereof,  the  board  of  directors  of  the  district  shall  have 
the  power  to  levy  and  collect  the  sum  of  fifty  cents  per  acre  for  each 
and  every  acre  of  land  within  the  district  and  all  such  moneys  thus 
collected  shall  be  used  by  the  board  of  directors  to  pay  the  preliminary 
expenses  incurred  in  forming  the  district.  (New  section  added  Stats. 
1921,  p.  1143.) 

Determination  of  legality  of  district. 

Sec.  3.  Any  district  formed  hereunder,  in  order  to  determine  the 
legality  of  its  existence,  may  institute  a  proceeding  therefor  in  the 
superior  court  of  the  county  in  which  it  was  organized  by  filing  with 
the  clerk  of  said  county  a  complaint  setting  forth  the  name  of  the 
district,  its  exterior  boundaries,  the  date  of  its  organization  and  a 
prayer  that  it  be  adjudged  a  legal  water  district  formed  under  the 
provisions  of  this  act.  The  summons  in  such  proceeding  shall  be 
served  by  publishing  a  copy  thereof  once  a  week  for  four  weeks  in 
some  newspaper  of  general  circulation  published  in  each  county  in 
which  any  of  the  lands  contained  in  said  district  are  located.  Within 
thirty  days  after  the  last  publication  thereof  shall  have  been  completed 
and  proof  thereof  filed  with  the  complaint  any  person  interested  may 
appear  and  answer  said  complaint,  in  which  case  said  answer  shall  set 
forth  the  facts  relied  upon  to  show  the  invalidity  of  the  district.  If  no 
answer  shall  be  filed  within  said  time  the  court  must  render  judgment 
as  prayed  for  in  the  complaint.  If  an  answer  be  filed  the  court  shall 
proceed  as  in  other  civil  cases.  Said  proceeding  is  hereby  declared  to 
be  a  proceeding  in  rem  and  the  judgment  rendered  therein  shall  be 
conclusive  against  all  persons  whomsoever  and  against  the  State  of 
California. 

By-laws.    Evidence  of  ownership. 

Sec.  4.  The  district  must  adopt  for  the  government  and  control  of 
its  affairs  a  code  of  by-laws,  not  inconsistent  with  the  constitution  and 
laws  of  the  state  or  the  provisions  of  this  act.     Sixty  days  after  they 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  178 

shall  have  qualified  for  office  the  board  of  directors  shall  prepare  by- 
laws for  the  written  approval  of  the  board  of  supervisors  of  the  county 
in  which  the  district  was  organized,  and,  when  said  by-laws  are  ap- 
proved, shall  adopt  the  same  by  resolution  entered  in  the  minutes  of 
the  meeting,  unless,  prior  thereto,  by-laws  shall  have  been  adopted 
and  filed  with  the  secretary  of  the  district  by  the  written  assent  of  the 
holders  of  title  or  evidence  of  title,  including  such  aforesaid  possessory 
rights,  to  a  majority  in  area  of  the  lands  embraced  in  said  district.  The 
records  of  the  United  States  land  office  for  the  district  in  which  said 
lands  are  located ;  the  records  of  the  state  land  office ;  and  the  records  in 
the  office  of  the  county  recorder  of  the  county  in  which  said  lands  are 
situated  shall  be  conclusive  evidence  of  ownership  for  the  purposes  of 
this  section.  The  by-laws  shall  provide  for :  the  manner  of  calling,  and 
the  time,  place  and  manner  of  conducting  all  elections  and  the  manner 
of  giving  notice  thereof:  the  mode  of  voting  in  person  or  by  proxy; 
the  qualifications  and  duties  of  officers,  the  tenure  of  their  office,  the 
time  and  manner  of  their  appointment  or  election ;  their  compensation ; 
the  place  at  which  the  principal  biLsiness  of  the  district  is  to  be  trans- 
acted and  the  mode  of  changing  the  same;  the  mode  of  amending  or 
repealing  the  by-laws  and  suitable  penalites  for  the  violation  of  the 
by-laws  not  to  exceed  in  any  one  case  two  hundred  dollars  for  any  one 
offense.  The  by-laws  may  be  repealed  or  amended,  or  new  by-laws  may 
be  adopted  by  the  assent  of  two-thirds  of  the  total  vote  of  the  district, 
given  either  in  writing  or  by  ballot  cast  at  an  election  of  the  district. 
The  by-laws  in  their  original  form,  and  any  repeal  thereof,  or  amend- 
ment or  addition  thereto,  must,  together  with  the  approval  of  the  board 
of  supervisors  and  the  resolution  of  the  directors,  or  the  written  assent 
thereto  or  a  memorandum  of  the  returns  of  the  election  at  which  the 
assent  was  given,  be  certified  by  a  majority  of  the  directors  and  the  sec- 
retary of  the  district  and  must  be  filed  for  record  with  the  county 
recorder  of  each  county  in  which  any  of  the  lands  contained  in  said 
district  are  located  and  by  him  recorded  in  a  book  kept  by  him  for  the 
purpose  of  recording  instruments  and  writings  relating  to  said  district. 
Until  so  recorded,  no  by-law,  addition  thereto,  amendment  or  repeal 
thereof,  can  be  enforced  against  any  person  not  having  actual  notice 
of  the  same. 

OFFICERS— POWERS  AND  DUTIES. 
Officers  of  district.     Vacancies.     Salaries. 

Sec.  5.  The  officers  of  the  district  shall  be  a  board  of  five  directors, 
a  secretary,  and  an  assessor,  all  of  whom  shall  except  as  herein  other- 
wise provided,  be  elected  by  ballot,  except  the  secretary,  who  shall  be 
appointed  by  the  board  of  directors.  No  person  shall  be  qualified  to 
hold  any  of  said  offices,  except  that  of  secretary,  unless  he  is  a  holder 
of  title  or  evidence  of  title,  including  such  aforesaid  possessory  rights, 
to  lands  contained  in  the  district.  Each  appointee  to  office  or  officer- 
elect  shall  forfeit  his  office  unless  within  ten  days  after  he  has  notice 
of  his  election  or  appointment  or  before  the  expiration  of  ten  days 
from  the  commencement  of  his  term  of  office,  when  no  such  notice  is 
given,  he  shall  have  filed  for  record  with  the  county  recorder  of  each 
county  in  which  any  of  the  lands  contained  in  said  district  are  located, 
a  written  acceptance  of  his  office  which  shall  be  recorded  in  a  book 


174  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

kept  for  the  purpose  of  recording:  instruments  and  writings  relating 
to  the  district.  If  any  office  shall  become  vacant  by  forfeiture,  death, 
resignation,  or  from  any  other  cause,  the  same  shall  be  filled  by  ap- 
pointment,— by  the  board  of  directors  in  case  of  a  acancy  in  the  office 
of  secretary,  and  by  the  board  of  supervisors  of  the  county  in  which  the 
district  was  organized  in  all  other  cases.  Until  such  time  as  their 
salaries  shall  have  been  fixed  by  the  adoption  of  by-laws,  the  officers 
of  the  district  shall  receive  the  following  compensation  for  their  ser- 
vices: the  secretary  and  assessor  such  sum  each  as  shall  be  fixed  by 
the  board  of  directors;  and  the  directors  five  dollars  each  for  each 
directors'  meeting  attended  or  for  each  day's  service  rendered  as  a 
director  by  order  of  the  board  of  directors,  together  with  any  expenses 
incident  to  such  service,  except  expenses  incurred  in  traveling  between 
his  place  of  residence  and  the  place  at  which  directors'  meetings  are 
held. 

Organization  of  board;  meetings,  etc.  Quorum.  Records  open  to  inspection. 
Sec.  6.  The  board  of  directors  shall  choose  from  among  its  members 
a  president ;  shall  appoint  the  secretary  of  the  district ;  shall  select  and 
maintain  an  office  for  the  district  in  the  principal  place  of  business 
thereof  and  shall  hold  regular  meetings  therein  at  such  time  and  place 
as  may  be  agreed  upon  by  resolution  adopted,  and  shall  hold  therein 
such  other  meetings  as,  from  time  to  time,  may  be  deemed  advisable; 
provided,  that  no  meetings,  except  regular  meetings,  shall  be  valid 
unless  prior  thereto  each  director  shall  have  filed  with  the  secretary  his 
written  consent  to  the  same,  or  unless  the  president,  or  three  members 
of  the  board  of  directors,  shall  have  called  the  same  by  giving  each  of 
said  directors  five  days'  written  notice  thereof,  or  unless  said  directors 
shall  have  authorized  the  same  by  resolution  adopted  at  a  former  meet- 
ing and  shall  have  caused  five  days'  written  notice  thereof  to  be  given 
by  the  secretary  to  each  director  not  joining  therein.  A  majority  of 
the  board  of  directors  shall  constitute  a  quorum  for  the  transaction  of 
business.  The  vote  of  a  majority  of  those  present  at  any  meeting 
where  a  quorum  is  had  shall  be  necessary  to  determine  any  proposi- 
tion or  resolution  pre.sented.  The  secretary  shall  keep  a  record  of  all 
the  proceedings  had  at  meetings  of  the  board  of  directors.  The  books, 
maps,  papers,  contracts,  records  and  other  documents  pertaining  to 
the  affairs  of  the  district  shall  be  filed  in  the  office  of  the  district  with 
the  secretary  and  must  be  open  to  inspection  at  all  times  by  any  persons 
interested. 

Duties  and  powers  of  board.    Not  to  let  contracts  until  bonds  are  sold. 

Sec.  7.  It  shall  be  the  duty  of  the  board  of  directors  to  manage  and 
conduct  the  affairs  of  the  district  and  to  that  end  it  shall,  in  the  name 
of  the  district,  have  power  to  plan,  construct,  maintain  and  keep  in 
repair  the  irrigation  works  necessary  or  proper  to  supply  the  lands 
contained  therein  with  sufficient  water  for  irrigation  purposes;  to 
acquire  by  purchase,  condemnation  or  other  legal  means  all  water, 
water  rights,  lands,  properties  or  rights  in  properties  necessary  or 
proper  therefor;  to  lease  or  sell  for  a  valuable  consideration  any 
property,  or  right  in  property,  belonging  to  the  district  and  no  longer 


CALIPOBNIA   IRRIGATION   DISTRICT   LAWS.  175 

necessary  to  its  use  and  purpose ;  to  take  conveyances,  contracts,  leases 
or  other  assurances  for  property  acquired  by  the  district  under  the 
provisions  of  this  act;  to  execute  by  its  president  and  secretary  all 
contracts,  leases,  conveyances  and  other  documents  necessary  to  carry 
out  the  duties  and  powers  specified  herein;  to  institute,  maintain  and 
defend  in  person,  or  by  attorneys,  all  actions,  proceedings  or  suits  at 
law  or  in  equity  necessary  or  proper  to  carry  but  the  provisions  of  tnis 
act,  or  to  enforce,  maintain,  protect  or  preser\'e  the  rights,  privileges 
and  immunities  created  by  or  acquired  in  pursuance  thereof;  to  estab- 
lish, print  and  distribute  among  the  land  o\niers  of  the  district 
equitable  rules  and  regulations  for  the  distribution  of  water;  to  enter, 
for  the  above  purposes,  either  in  person  or  by  its  agents  or  employees, 
in  and  upon  any  lands  contained  in  the  district;  to  employ  or  fix  the 
salary  of  such  persons  as  may  be  necessary  or  proper  to  fully  carry  out 
the  uses  and  purposes  of  the  district :  and  to  do  any  other  lawful 
thing  necessary  or  proper  to  carry  out  the  provisions  of  this  act  or 
the  uses  and  purposes  for  which  the  district  is  formed;  provided, 
however,  that  the  board  of  directors  shall  not  let,  or  enter  into,  a  con- 
tract for  the  construction  of  irrigation  works,  nor  shall  said  board  of 
directors  construct  the  same  by  employees  of  the  district  until  an 
election  has  been  called  and  held  to  determine  whether  or  not  bonds 
of  the  district  shall  be  issued  as  provided  in  section  thirteen  of  this  act, 
nor,  in  case  bonds  are  voted,  until  eight-five  per  cent  of  the  total 
amount  of  said  bond  issue  has  been  sold  and  the  money  received 
thereon,  as  provided  in  section  eighteen  hereof. 

TAXES. 
Annual  estimate  of  funds  needed.    Assessment.     Hearing  of  objections.    Tax 
rate.     Charge  against  each  parcel  computed.     Appeal  from  decision  of 
supervisors. 

Sec.  8.  Between  thirty  and  ninety  days  after  the  organiation  of  the 
district,  and  between  said  dates  annually  thereafter,  the  board  of 
directors  must  file  with  the  clerk  of  the  board  of  supervisors  of  the 
county  in  which  said  district  was  organized  an  estimate  of  the  sum 
required  by  the  district  to  discharge  the  unpaid  matured  obligations 
thereof  at  that  date  and  the  obligations  thereof  that  will  mature  or 
that  it  is  probable  will  be  incurred  and  mature  during  the  two  years 
next  following,  specifying  that  portion  of  said  estimate  which  will  be 
required  for  the  pajTnent  of  bonds  and  of  the  interest  on  bonds. 

Assessment. 

Between  the  date  on  which  the  district  was  organized  and  ninety 
days  thereafter,  and  between  said  dates  in  each  succeeding  year,  the 
assessor  must  view  the  lands  of  the  district  and  assess  each  parcel  or 
tract  of  land  contained  therein  at  the  cash  value  of  the  benefit  derived 
by  it  from  the  construction  and  maintenance  or  proposed  construction 
and  maintenance  of  irrigation  works  and  said  assessor  must,  within 
said  time,  file  with  the  clerk  of  said  board  of  supers'isors,  an  assessment- 
book,  with  appropriate  headings,  in  which  must  be  listed  each  parcel 
or  tract  of  land  within  the  district,  specifying, —  (1)  the  name,  if 
known,  (and,  if  unknown,  stating  that  fact)  of  the  holder  of  title  or 
evidence  of  title,  including  such  aforesaid  possessory  rights,  thereto; 


176  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

(2)  the  description  thereof  by  legal  subdivisions,  metes  and  bounds,  or 
other  boundaries  sufficient  to  identify  the  same;  and  (3)  the  value 
assessed  thereon.  If  the  district  is  contained  in  more  than  one  county, 
then  the  assessment-book  shall  be  prepared  with  a  separate  part  in  a 
separate  volume  for  the  lands  of  each  county. 

Hearing  of  objections. 

Within  sixty  daj^s  after  the  said  estimate  and  the  said  assessment 
list  shall  have  been  filed  as  above  provided,  the  said  board  of  super- 
visors, acting  as  a  board  of  equalization,  shall  meet  and  hear  any 
verified,  written  objections,  stating  the  ground  therefor,  to  the  assess- 
ment as  made,  which  objections  shall,  prior  to  the  hearing,  be  filed 
with  the  clerk  of  said  board.  Prior  to  the  hearing,  and  during  the 
office  hours  of  said  board  of  supervisors,  the  assessment  list  shall  be 
open  to  public  inspection.  At  the  hearing,  which  must  be  continued 
from  time  to  time  until  completed,  the  said  board  of  supervisors  shall 
hear  the  evidence  offered  in  support  of  the  objections  presented  and 
shall  add  to  or  deduct  from  the  valuation  assessed  to  any  tract  or 
parcel  of  land  such  per  centum  -thereof  as  shall  be  sufficient  to  raise 
it  or  reduce  it  to  the  full  cash  value  of  the  benefit  derived  by  said  tract 
or  parcel  of  land  from  the  construction  or  maintenance  or  proposed 
construction  and  maintenance  of  irrigation  works  and  shall  fix  the 
value  of  any  lands  contained  in  said  district  that  shall  not  have  been 
so  assessed.  Thereupon,  and  before  said  hearing  is  closed,  the  assessor 
shall  have  the  total  valuation  of  all  the  lands  assessed  extended  into 
columns,  added  and  a  statement  thereof  made. 

Tax  rate  fixed. 

When  said  statement  is  completed,  the  board  of  supervisors  must 
fix  such  ad  valorem  rate  of  taxation  upon  each  hundred  dollars  in 
value  of  the  lands  so  assessed  as  will  raise  the  sum  specified  in  said 
estimate.  Any  charges  in  or  additions  to  said  list  shall  be  entered  in 
said  assessment-book  in  the  proper  place  therefor  and  the  order  therefor 
shall  be  indorsed  on  the  margin  of  the  entry  and  signed  by  the  president 
and  attested  by  the  secretary  of  said  board  of  supervisors.  The  order 
of  the  board  of  supervisors  approving  the  assessment,  the  statement 
of  the  assessor  showing  the  total  valuation  of  the  property  assessed, 
the  order  fixing  the  rate  of  taxation  thereon,  and  the  estimate  of  the 
sum  required  by  the  board  of  directors  of  the  district  for  the  expense 
thereof  during  the  two  years  next  following  shall  be  signed  by  the 
president  and  attested  by  the  secretary  of  the  district  and  shall  be 
attached  to  the  assessment-book  on  the  last  volume  thereof,  unless  the 
lands  of  the  district  are  contained  in  more  than  one  county,  in  which 
case  a  copy  thereof  shall  be  signed  and  attached  in  a  similar  manner 
to  each  separate  part  of  the  .assessment-book. 

Charge  against  each  parcel  of  land  computed. 

Within  ten  days  after  the  hearing  is  completed,  the  assessor  shall 
compute  and  charge  in  the  assessment-book  in  a  place  provided  there- 
for in  the  record  of  each  parcel  or  tract  of  land  assessed  the  amount  of 
the  tax  due  thereon  and  shall  file  each  said  separate  part  of  the  assess- 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  177 

ment-book  with  the  county  tax  collector  of  the  county  in  which  the 
lands  therein  assessed  are  located  and  thereafter  the  charges  therein 
taxed  shall  be  due  and  payable  to  the  county  tax  collector  of  the  county 
in  which  the  lands  on  which  they  are  taxed  are  situated. 

Appeal  from  decision  of  supervisors. 

The  various  orders  of  the  board  of  supervisors  made  at  the  hearing 
shall  be  final  and  when  indorsed  on  or  attached  to  the  assessment-book 
shall  be  conclusive  evidence  that  the  assessment  was  made  and  the  tax 
levied  in  accordance  with  the  law ;  provided,  however,  that  any  person 
interested  in  lands  of  the  district  and  aggrieved  by  the  decision  of  the 
board  of  supervisors  may,  in  order  to  have  said  assessment,  or  the  tax 
levied  thereon,  corrected,  modified  or  annulled,  institute  an  action 
therefor  in  the  superior  court  of  the  county  in  which  said  district  was 
organized. 

Time  to  commence  action  to  determine  validity  of  assessment.     Objection, 
how  to  be  made. 

No  action  to  determine  the  validity  in  any  respect  of  any  such 
assessment,  or  tax  levied  thereon,  shall  be  maintained  unless  the  same 
shall  have  been  commenced  within  thirtj'  days  after  the  assessment- 
book,  or  each  separate  part  thereof,  is  filed  with  said  county  tax  collector 
as  above  provided,  and  no  objection  to  the  assessment  shall  be  con- 
sidered by  said  board  of  supervisors  or  allowed  in  any  other  action,  or 
proceeding,  unless  such  objection  shall  have  been  made  in  writing, 
verified  and  presented  to  the  clerk  of  the  board  of  supervisors  in  the 
manner  herein  required. 

Assessment  lien  on  property. 

Sec.  9.  From  and  after  the  filing  of  the  assessment-book,  or  separate 
part  thereof,  with  said  county  tax  collector,  as  provided  in  section  8  of 
this  act,  the  charges  therein  taxed  upon  any  tract  or  parcel  of  land 
within  the  county  for  which  he  is  the  tax  collector  and  any  penalties 
added  thereto  as  hereafter  provided  shall  constitute  a  lien  thereon 
and  shall  impart  notice  thereof  to  all  persons. 

Delinquency  notice.    Publication. 

Sec.  10.  Within  ten  days  after  each  tax  shall  have  become  due  and 
payable,  the  assessor  shall  publish  in  some  newspaper  of  general  circu- 
lation published  in  the  county  in  which  the  district  was  organized,  a 
notice  stating  that  the  same  became  due  and  payable  on  (inserting 
date)  to  the  county  tax  collector  of  the  county  in  which  the  lands  on 
which  the  charge  therefor  is  a  lien  are  located  and  that  unless  paid 
within  six  calendar  months  from  said  date  the  same  will  become  delin- 
quent, an  additional  charge  of  ten  per  cent  thereof  added  thereto  and 
the  delinquent  property  sold  at  public  auction.  The  tax  must  be  paid 
in  United  States  gold  coin  and  the  tax  collector  must  mark  the  date  of 
payment  in  the  assessment-book  opposite  the  name  of  the  person  paying, 
and  must  give  to  such  person  a  receipt,  specifying  the  property  taxed, 
the  amount  of  the  charge  thereon  and  the  amount  paid,  and  thereafter 

12—40508 


178  CALIFORNIA   IRRIGATION   DISTRICT   LAWS, 

must  pay  the  moneys  so  received  to  the  county  treasurer  of  said  county, 
who  must  pay  the  same  to  the  county  treasurer  of  the  county  in  which 
said  district  was  organized,  and  he  shall  place  the  same  to  the  credit 
of  the  district.  As  soon  as  possible  after  the  tax  shall  become  delin- 
quent the  assessment-book  and  each  separate  ])art  thereof  shall  be 
returned  to  the  secretary  of  the  district  and  the  board  of  directors 
thereof  shall  publish  once  a  week  for  three  weeks  in  some  nemspaper 
of  general  circulation  published  in  the  county  in  which  said  district 
was  organized  a  notice  containing  a  description  of  the  delinquent 
property;  the  name,  if  known,  and,  if  unknown,  stating  that  fact,  of 
the  person  to  whom  it  is  assessed ;  the  amount  of  the  taxes  and  penalties 
due  thereon;  and  a  statement  that  the  delinquent  property  will  be 
sold  therefor  in  front  of  the  courthouse  of  said  county  on  a  date  therein 
stated,  which  must  be  not  less  than  twenty-one  or  more  than  twenty- 
eight  days  from  the  first  publication,  unless  an  error  is  made  in  the 
publication  and  discovered  prior  to  the  sale,  in  which  case  the  notice 
shall  be  republished  in  the  same  manner,  specifying  the  sale  for  a  date 
not  less  than  twenty-one  or  more  than  twenty-eight  days  from  the  first 
republication. 

Purchaser.     Certificates  of  sale.     Redemption  of  property.     Deed  after  one 
year.    Sale  by  district  purchasing. 

Sec.  11.  At  the  time  and  place  stated  in  said  notice  or  at  such  other 
time  (written  notice  whereof  has  been  posted  at  the  place  of  sale)  to 
which  the  board  of  directors  may  have  postponed  it,  not  exceeding 
thirty  days  in  all  from  the  original  date  of  sale,  that  person  is  the  pur- 
chaser who  will  immediately  pay  in  gold  coin  of  the  United  States  the 
delinquent  tax  and  the  penalty  thereon  for  the  smallest  portion  of  the 
delinquent  property,  or  in  case  an  undivided  interest  is  taxed,  then 
the  smallest  portion  of  the  interest.  In  case  there  is  no  purchaser  in 
good  faith  for  the  same  the  whole  amount  of  the  delinquent  property 
shall,  for  the  amount  of  the  tax  and  penalty  thereon,  be  struck  off  to 
the  district  as  the  purchaser. 

Certificate  of  sale. 

A  certificate  of  sale  shall  be  executed  in  duplicate  by  the  board  of 
directors,  one  of  which  shall  be  delivered  to  the  purchaser  or  to  the 
district,  if  the  property  shall  have  been  struck  off  to  the  district,  and 
the  other  of  which  shall  be  recorded  in  the  office  of  the  county  recorder 
of  the  county  in  which  the  property  sold  is  located.  The  certificate 
shall  be  dated  the  day  of  the  sale  and  shall  specify — the  description  of 
the  property  sold ;  the  name,  if  known,  and  if  not,  stating  that  fact,  of 
the  person  to  whom  it  was  assessed;  the  fact  that  it  was  sold  for  the 
amount  of  the  tax  and  penalty  thereon,  giving  the  ainount  and  year 
of  said  tax ;  and  the  date  on  which  the  purchaser  will  be  entitled  to  a 
deed. 

Certificates  recorded. 

The  recorder  upon  receiving  the  certificates  of  sale  must,  when  he 
records  the  same,  enter,  in  a  book  provided  for  that  purpose  and  kept 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  179 

with  the  book  provided  for  the  purpose  of  recording  instruments  and 
writings  relating  to  the  district,  a  description  of  the  land  sold,  cor- 
responding with  the  description  in  the  certificate,  the  date  of  sale,  the 
name  of  the  purchaser,  and  the  amount  paid.  The  entries  in  said  book 
shall  be  numbered  consecutively  on  the  margin  thereof  and  a  cor- 
responding number  shall  be  indorsed  on  the  certificate.  At  the  time 
of  the  sale  the  board  of  directors  shall  indorse  in  the  asse.ssment-book 
opposite  the  description  of  the  property,  the  portion  of  the  same  sold 
for  taxes  and  penalties,  with  the  date  of  sale  and  name  of  purchaser 
and  shall  thereafter  pay  to  the  tax  collector  of  the  county  in  which  the 
lands  sold  are  located  the  amount  received  on  the  sale  thereof  and 
shall  return  said  assessment-book,  or  any  such  separate  part  thereof, 
to  the  county  tax  collector  from  whom  the  same  was  received,  who 
must  keep  and  file  the  same  for  the  use  and  benefit  of  the  district. 

Redemption  of  property  sold. 

Any  person  interested  in  any  property  sold  may  redeem  the  same 
within  one  year  from  the  date  of  sale  by  paying  in  gold  coin  of  the 
United  States  to  the  county  tax  collector  of  the  county  in  which  the 
property  is  located,  and  in  trust  for  the  purchaser  or  his  assignees,  the 
amount  for  which  the  same  was  sold,  together  with  interest  thereon  at 
the  rate  of  two  per  cent  per  month  from  the  date  of  sale,  and  the  tax 
collector  must  give  him  a  receipt  therefor,  specifying  therein  a  descrip- 
tion of  the  property  redeemed,  the  name  of  the  purcha.ser  and  the  date 
of  sale,  and  he  shall  credit  the  amount  so  paid  to  the  purchaser  and 
shall  thereafter  pay  the  same  on  demand  to  the  purchaser  or  his 
assignee.  The  county  recorder  of  the  county  in  which  is  located  the 
property  redeemed  shall,  upon  presentation  of  the  tax  collector's 
receipt  for  said  amount,  mark  the  word  "redeemed,"  the  date  and  by 
whom  redeemed  on  both  the  record  of  the  certificate  of  sale  of  said 
property  and  on  the  margin  of  the  memorandum  thereof  made  in  the 
book  kept  for  that  purpose. 

Purchaser  entitled  to  deed  after  one  year. 

If  no  redemption  shall  be  made  within  said  one  year,  the  purchaser, 
or  the  district,  if  said  property  shall  have  been  sold  to  the  district, 
shall  be  entitled  to  a  deed  executed  by  the  board  of  directors,  and  said 
deed  shall  contain  all  the  recitals  of  the  certificate,  and  when  duly 
acknowledged  shall  be  (except  as  against  actual  fraud)  conclusive 
evidence  of  the  regularity  of  all  proceedings  from  the  assessment  to 
the  execution  of  said  deed,  inclusive,  and  said  deed  will  convey  to  the 
grantee  the  absolute  title  to  the  lands  described  therein,  free  of  all 
encumbrances,  except  state,  county,  municipal  or  subsequent  district 
taxes,  and  except  when  the  land  is  owned  by  the  United  States  or  this 
state,  in  which  case  it  is  the  prima  facie  evidence  of  the  right  of 
possession. 

All  property  sold  for  taxes  to  the  district  shall  subsequently  be 
assessed  for  district  taxation  as  though  it  had  never  been  sold,  but  it 
shall  not  again  l)e  sold  for  delinquent  tax,  as  long  as  it  is  owned  by 
the  district. 


180  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

Sale  by  district  which  became  purchaser. 

The  title  acquired  by  the  district,  in  case  it  becomes  the  purchaser 
at  a  delinquent  tax  sale  of  the  district,  may,  subject  to  the  reght  of 
redemption  herein  provided,  be  sold  at  public  auction  or  private  sale, 
but  such  sale  shall  not  be  made  for  less  than  the  reasonable  market 
value  of  the  property,  or  for  less  than  the  amount  of  the  taxes  levied 
thereon,  plus  any  penalties  that  may  have  been  added  thereto. 

Additional  tax  in  case  of  failure  or  error. 

Sec.  12.  If  for  any  reason  any  tract  or  parcel  of  land  contained 
within  the  district  shall  not  have  been  charged  with  its  portion  of  any 
tax  levied,  or  if  the  tax  levied  on  any  tract  or  parcel  of  land  shall  be 
adjudged  invalid  by  any  court  of  competent  jurisdiction,  then  such 
tract  or  parcel  of  land  shall  at  the  hearing  in  any  subsequent  tax  levy 
be  additionally  taxed  and  charged  by  the  board  of  supervisors  of  the 
county  in  which  said  district  was  organized  in  a  sum  which  bears  the 
same  proportion  to  the  total  amount  of  said  former  tax  as  its  then 
assessed  valuation  bears  to  the  total  amount  of  the  assessed  valuation 
placed  on  all  the  lands  in  the  district  at  the  time  said  former  tax  was 
levied. 

BONDS. 
Plan  of  irrigation  works.     Special  bond  election.     Notice.    Ballots. 

Sec.  13.  The  board  of  directors  shall,  as  soon  after  the  organization 
of  the  district  as  is  practicable,  prepare  and  adopt  a  plan  of  irrigation 
works  and  shall  estimate  the  cost  of  constructing  the  same  and  of 
acquiring  the  lands,  property,  property  rights,  water,  and  water  rights 
necessary  or  proper  therefor  and  to  supply  the  lands  contained  in  the 
district  with  sufficient  water  for  irrigation  purposes,  together  with 
every  other  expense  of  the  district  that  it  is  probable  will  be  incurred 
and  become  payable  before  the  expiration  of  one  j'ear  from  the  com- 
pletion of  said  works,  for  which  the  funds  of  the  district  then  in  the 
treasury  or  thereafter  to  be  received  from  a  tax  previously  levied,  are 
inadequate,  including  the  interest  on  any  bonds  of  the  district  due  and 
payable  prior  to  said  date.  Thereafter,  when  it  is  considered  by  the 
board  of  directors  for  the  best  interest  of  the  district  that  bonds  thereof 
shall  be  issued  for  the  purpose  of  obtaining  all  of  the  money  necessary 
to  pay  the  costs  and  expenses  specified  in  the  estimate  accompanying 
the  plan  of  the  irrigation  works  or  when  the  holders  of  title,  or  evidence 
of  title,  including  such  aforesaid  possessory  rights,  to  a  majority  in 
area  of  the  land  contained  in  the  district,  shall  sign  and  file  with  the 
secretary  of  the  district  a  petition  therefor,  the  said  board  of  directors 
shall,  by  resolution  adopted  and  entered  in  its  minutes,  order  a  special 
election  to  be  held  at  the  time  designated  by  said  board  at  which  shall 
be  submitted  to  the  land  owners  the  question  of  whether  or  not  bonds 
of  the  district  shall  be  issued  in  said  amount.  A  notice  of  said  election 
specifying  the  time  and  place  at  which  the  same  will  be  held,  the 
amount  of  the  bonds  proposed  to  be  issued,  the  interest  rate  and  pur- 
pose thereof,  shall  be  published  once  a  week  for  four  weeks  in  some 
newspaper  of  general  circulation  published  in  each  county  in  which 
any  of  the  lands  contained  in  said  district  are  located,  and  proof 
thereof  must  be  filed  with  the  secretarj'  of  the  district  prior  to  the  date 


CALIFORNIA    IRRIGATION   DISTRICT  LAWS.  181 

on  which  said  election  is  held.  The  ballots  east  at  such  election  shall 
specify  the  amount  and  purpose  of  the  proposed  bond  issue  and  the 
rate  of  interest  proposed.  If  two-thirds  of  the  votes  cast  thereat  are 
in  favor  of  the  issuance  of  bonds,  the  board  of  directors  sihall  cause 
bonds  in  the  amount  specified  in  the  order  for  the  election  to  be  executed 
and  delivered  to  the  county  treasurer  of  the  county  in  which  said  dis- 
trict was  organized. 

Term,   denomination,   etc.,   of  bonds.     Interest     Coupons.     Form.     Bonds 
placed  to  credit  of  district. 

Sec.  14.  Bonds  of  the  district,  when  issued,  shall  be  payable  in  gold 
coin  of  the  United  States  in  twenty  series  as  follows,  five  per  cent  of 
the  whole  amount  of  said  bonds  at  the  expiration  of  eleven  years  and 
at  the  expiration  of  each  succeeding  year  to  and  including  the  expira- 
tion of  thirty  years  from  the  date  of  execution  thereof;  they  shall  be 
of  the  denomination  of  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars  each;  and  they  shall  be  signed  by  the 
president  of  the  board  of  directoi-s  and  attested  by  the  county  auditor 
of  the  county  in  which  the  district  was  organized.  Each  bond  must  be 
made  payable  at  a  given  time  for  its  entire  amount  and  not  for  a  per- 
centage; shall  bear  interest  at  a  rate  not  in  excess  of  seven  per  cent 
per  annum,  payable  semi-annually  on  the  dates  therein  named  at  the 
office  of  said  county  treasurer  upon  the  presentation  and  surrender  of 
the  proper  coupons  therefor,  and  the  principal  thereof  shall  be  payable 
when  due  upon  the  presentation  and  surrender  thereof  to  said  county 
treasurer  by  the  holder  of  the  same.  Each  issue  shall  be  numbered 
consecutively  and  the  bonds  of  each  issue  shall  be  numbered  consecu- 
tively and  bear  date  at  the  time  of  their  issue.  Coupons  for  each 
installment  of  interest  shall  be  attached  to  the  bonds  and  shall  be  num- 
bered the  same  as  the  bonds,  and  attested  by  the  facsimile  signature 
of  the  county  auditor  of  the  county  in  which  said  district  was  organized. 

The  bonds  shall  be  substantially  in  the  following  form : 

"Issue No. For  value  received water 

district  situated  in  the  county  of ,  State  of  California,  prom- 
ises to  pay  the  holder  hereof  at  the  office  of  the  treasurer  of  said 

county,  on  the day  of ,  19__,  the  sum  of dollars 

in  gold  coin  of  the  United  States  with  interest  in  like  gold  coin  at  the 

rate  of per  centum  per  annum,  payable  at  the  office  of  said 

treasurer  semi-annually,  on  the day  of and  the 

day  of in  each  year,  on  presentation  and  surrender 

of  the  interest  coupons  hereto  attached.    This  bond  is  issued  pursuant 

to  an  election  held  by  said  district  on  the day  of , 

19 — ,  authorizing  its  issuance,  and  by  authority  of  an  act  entitled 
(specifying  the  title  and  date  of  approval  of  this  act). 

In  witness  whereof,  the  said  district,  by  its  board  of  directors,  has 
caused  this  bond  to  be  signed  by  the  president  of  said  board  and  attested 
by  the  auditor  of  said  county,  with  his  seal  of  office  attached,  this 
of ,  19-_. 

President  of  said  board. 

Attest :  

Auditor  of County." 


182  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

The  interest  coupons  shall  be  substantially  in  the  following  form : 

"No 

The  treasurer  of county,  State  of  California,  will  pay 

the  holder  hereof,  on  the day  of ,  19 ,  at  his  office 

in , dollars,  gold  coin  of  the  United  States, 

out  of  the  funds  of Water  District  for  interest  on  bond 

numbered of  said  district. 

Attest:  

County  Auditor. ' ' 

The  county  treasurer  of  the  county  in  which  said  district  was  organ- 
ized shall,  when  he  receives  the  same,  place  the  said  bonds  to  the  credit 
of  the  district  and  he  shall,  in  a  book  provided  for  that  purpose,  keep  a 
record  of  said  bonds  and  of  the  pajTnent  thereof  and  the  interest 
thereon.  When  filed  with  said  county  treasurer,  as  above  provided, 
the  bonds  of  the  district  and  the  interest  thereon  shall  be  and  remain 
until  paid  a  lien  on  the  lands  of  the  district,  and  a  lien  for  the  bonds  of 
any  issue  shall  be  a  preferred  lien  to  that  of  any  subsequent  issue. 

Test  of  validity  of  bonds. 

Sec.  15.  As  soon  as  said  bonds  .shall  have  been  delivered  to  said 
county  treasurer,  the  board  of  directors,  or  any  holder  of  title,  or 
evidence  of  title,  including  such  aforesaid  possessory  rights,  to  lands 
contained  in  the  district,  may,  in  order  to  determine  that  said  bonds 
are  a  legal  obligation  of  the  district,  institute  a  proceeding  therefor  in 
the  superior  court  of  the  county  in  which  the  district  was  organized 
by  filing  with  the  clerk  of  said  county  a  complaint  setting  forth  that 
on  a  date  therein  named  bonds  of  said  district  were  delivered  to  the 
said  treasurer,  stating  the  amount  of  such  bonds,  and  praying  that  such 
bonds  be  adjudged  to  be  a  valid  legal  obligation  of  such  district.  The 
summons  in  such  proceeding  shall  be  serv-ed  by  publishing  a  copy 
thereof  once  a  week  for  four  weeks  in  some  newspaper  of  general 
circulation  published  in  each  county  in  which  any  of  the  lands  con- 
tained in  said  district  are  located.  Within  thirty  days  after  the  last 
publication  thereof  shall  have  been  completed  and  proof  thereof  filed 
with  the  court,  any  person  interested  may  appear  and  answer  said  com- 
plaint, in  which  case  .said  answer  shall  set  forth  the  facts  relied  upon  to 
show  the  invalidity  of  said  bonds.  If  no  answer  shall  be  filed  within 
said  time,  the  court  must  render  judgment  as  prayed  for  in  the  som- 
plaint.  If  an  answer  be  filed  the  court  shall  proceed  as  in  other  civil 
cases.  Said  proceeding  is  hereby  declared  to  be  a  proceeding  in  rem 
and  the  judgment  rendered  therein  shall  be  conclusive  against  all 
persons  whomsoever  and  against  the  State  of  California. 

Issue  of  additional  bonds. 

Sec.  16.  For  the  purpose  of  completing  the  irrigation  works  and  of 
acquiring  the  lands,  property,  property  rights,  water  and  water  rights 
neces.sary  or  proper  therefor  and  to  supply  the  lands  contained  in  the 
di.strict  with  sufiicient  water  for  irrigation  purpo.ses,  or  for  the  purpose 
of  making  additions   to   said   irrigation  works,   or   for  the   purpose 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  183 

of  paying:  for  and  retirinjj  any  issue  of  bonds  previously  made,  the  dis- 
trict may,  when  it  is  necessary  or  proper  therefor,  issue  additional 
bonds  in  the  same  manner  as  is  hereinbefore  provided  for  the  original 
issue  of  bonds. 

Sale  of  bonds. 

Sec.  17.  The  board  of  directors  shall  provide  ways  and  means  for 
the  sale  of  said  bonds  or  for  the  exchanpje  thereof  dollar  for  dollar  for 
bonds  of  the  State  of  California.  Said  board  .shall  in  no  event,  except 
as  herein  otherwise  provided,  .sell  or  exchange,  as  above  provided,  any 
of  said  bonds  for  less  than  the  par  value  thereof,  plus  the  accrued 
interest  thereon,  nor  shall  any  of  .said  bonds  be  sold  or  exchanged  nor 
shall  said  treasurer  deliver  any  of  the  same  unless  the  total  proceeds 
thereof,  either  in  gold  coin  of  the  United  States  or  bonds  of  the  State 
of  California  at  their  par  value,  shall  be  at  least  eighty-five  per  centum 
of  the  total  amount  of  .said  bond  issue,  nor  unless  said  bonds  shall  first 
have  been  approved  as  provided  in  .section  eighteen  of  this  act;  pro- 
vided, however,  that  the  board  of  directors  of  a  district  shall  have  the 
power  to  order  the  bonds  of  the  district  to  be  sold  at  not  less  than 
ninety  per  cent  of  the  par  value  thereof,  when  the  board  deems  it  for 
the  best  interest  of  the  district  to  do  so.  When  any  of  said  bonds  are 
sold  by  the  board  of  directors,  the  count}^  treasurer  of  the  county  in 
which  the  district  was  organized  shall  transfer  the  bonds  purcha.sed  to 
the  purchaser  upon  receiving  the  purcha.se  price,  and  the  moneys 
received  therefrom  shall  be  placed  to  the  credit  of  the  district  and  in  a 
similar  manner  bonds  of  the  State  of  California  that  may  be  received 
for  bonds  of  the  district  shall  be  placed  to  the  credit  thereof  to  be  sold 
as  the  board  of  directors  may  direct,  in  no  case,  however,  for  less  than 
the  par  value  thereof.     (Amended  Stats.  1921,  p.  1142.) 

Water  district  bonds  lawful  investment  of  trust  funds,  etc.  Appointment  of 
engineer.  Board  of  investigation.  Approval  of  superintendent  of  banks. 
Expense  of  investigation. 

Sec.  18.  When  approved  as  provided  in  this  section  the  bonds  of 
any  water  district  issued  in  pursuance  of  this  act  may  be  lawfully  pur- 
chased or  received  in  pledge  as  security  for  any  money  or  deposits  or 
for  the  performance  of  any  act,  by  banks,  banking  institutions,  insur- 
ance companies  and  trust  companies,  and,  when  thereunto  duly  author- 
ized by  the  court,  by  guardians,  executors,  administrators  and  special 
admini.strators.  When  requested  therefor  in  writing  by  a  majority  of 
the  board  of  directors  of  any  water  district  formed  hereunder,  the 
governor  mu.st  select  and  appoint  one  hydraulic  engineer,  who,  wuth 
one  such  engineer  appointed  by  said  board  of  directors  and  one  such 
engineer  mutually  agreed  upon  and  jointly  appointed  by  the  governor 
and  said  board  of  directors,  shall  constitute  a  board  of  investigation  to 
determine  w^hether  or  not  the  total  cost  of  acquiring  the  water  rights 
and  the  system  of  works  that  may  be  necessary  to  supply  the  lands  of 
the  district  with  water  in  sufficient  quantities  for  irrigation  purposes 
will  be  in  excess  of  one  hundred  per  centum  of  the  total  amount  of  the 
bonds  theretofore  issued  by  such  district.  Within  ninety  days  after 
the  third  and  last  member  thereof  is  chosen,  unless  said  time  shall  be 


184  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

extended  by  the  board  of  directors,  in  which  case  within  said  extension 
of  time,  each  member  of  said  board  of  investigation  shall  prepare  his 
separate  written  report  and  shall  file  the  same  with  the  state  superin- 
tendent of  banks  and  shall  certify  and  file  a  copy  thereof  with  the  board 
of  directors  of  said  district,  which  report  shall  specify  whether  or  not 
said  cost  will  be  in  excess  of  one  hundred  per  centum  of  the  total 
amount  of  the  said  bonds  so  issued.  If  two  members  of  said  board  of 
investigation  shall  find  that  said  cost  will  not  be  in  excess  of  an  amount 
equal  to  one  hundred  per  centum  of  the  total  amount  of  the  said  bonds 
so  issued,  the  state  superintendent  of  banks  must,  when  so  requested  by 
the  board  of  directors  of  said  district,  indorse  upon  the  face  of  each 
of  said  bonds  the  word  "approved"  and  shall  affix  thereunder  his 
signature  and  the  title  of  his  office.  The  said  district  shall  bear  and 
pay  for  all  expenses  incident  to  the  investigation  and  the  governor, 
before  appointing  any  member  of  the  board  of  investigation  which  he 
is  herebj'  empowered  to  select  and  appoint,  may  require  that  the  said 
district  provide,  subject  to  his  approval,  a  good  and  sufficient  under- 
taking in  an  amount  not  in  excess  of  six  thousand  dollars,  conditioned 
that  said  district,  or  its  sureties,  which  shall  be  two  in  number,  will 
pay  the  salary  and  necessary  expenses  of  that  member  of  said  board  of 
investigation  appointed  by  him,  not  to  exceed,  however,  the  total  sum 
of  five  thousand  dollars. 

Destruction  of  unused  bonds. 

Sec.  19.  Whenever  there  remains  in  the  hands  of  the  treasurer  of 
the  county  in  which  the  district  was  organized  any  unsold  bonds  of  the 
district  which  it  is  not  necessary  to  sell  for  the  purpose  of  raising  funds 
for  the  district,  the  board  of  directors  may  call  a  special  election  to 
determine  whether  said  bonds  shall  be  destroyed  or  not,  or  may  submit 
such  proposition  at  a  general  election.  The  notice  thereof  shall  specify, 
in  addition  to  the  requirements  therefor  as  provided  in  section  23 
of  this  act,  the  amount  of  the  bonded  indebtedness  authorized,  the 
amount  of  the  bonds  remaining  unsold  and  the  amount  thereof  pro- 
posed to  be  destroyed.  When  the  vote  cast  at  said  election  is  canvassed 
by  the  board  of  election,  if  a  two-thirds  majority  of  the  votes  cast  shall 
be  found  to  be  in  favor  of  the  destruction  of  said  bonds,  then  the 
president  of  the  board  of  directors,  in  the  presence  of  a  majority  of  the 
members  thereof,  must  destroy  the  bonds  so  voted  to  be  destroyed  and 
the  amount  thereof  shall  be  deducted  from  the  total  amount  authorized 
to  be  issued,  and  no  part  thereof  shall  thereafter  be  reprinted  or 
reissued. 

Use  of  excess  money  to  redeem  bonds. 

Sec.  20.  Whenever  the  funds  of  the  district  are  in  excess  of  the 
amount  necessary  to  complete  the  construction  of  the  irrigation  works 
or  to  acquire  the  necessary  water,  water  rights,  property  and  rights  in 
property  therefor  and  to  supply  all  the  lands  contained  in  the  district 
with  sufficient  water  for  irrigation  purpo.ses  and  in  addition  thereto  to 
pay  every  obligation  of  the  district  that  is  due  and  payable  or  that  will 
become  due  and  payable  or  that  it  is  probable  will  become  due  and 
payable  before  the  expiration  of  two  years  from  the  date  on  which  the 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  185 

next  preceding  tax  of  the  district  was  levied,  the  board  of  directors 
may  direct  the  treasurer  of  the  county  in  which  said  district  was 
organized  to  pay  with  said  excess  (specifying  the  amount  thereof) 
such  an  amount  of  the  sold  bonds  of  the  district  as  said  excess  sum  of 
money  will  redeem  at  the  lowest  value  at  which  they  may  be  obtained 
for  liquidation,  in  no  case  for  more  than  the  par  value  thereof. 

County  treasurer  to  receive  funds  for  district.  Bond  fund.  General  fund. 
Payments  from  fund. 
Sec.  21.  The  county  treasurer  of  the  county  in  which  the  district 
was  organized  shall  receive  to  the  credit  of  the  district  and  in  trust  for 
the  uses  and  benefits  thereof  all  the  funds  thereof,  and  all  such  funds 
or  moneys  belonging  to  the  district,  or  to  which  the  district  is  entitled, 
shall,  when  received,  except  as  herein  otherwise  provided,  be  paid  by 
the  person  so  receiving  them  to  the  said  treasurer.  The  said  treasurer 
shall  establish  for  the  district  two  funds,  to  wit,  a  bond  fund  and  a 
general  fund,  and  shall  apportion  the  moneys  of  the  district  to  said 
funds,  as  follows :  to  the  bond  fund,  that  portion  of  the  moneys  received 
from  the  collection  of  taxes  or  from  the  sale  of  property  for  delinquent 
taxes  which  bears  the  same  proportion  to  the  total  amount  so  received 
from  the  collection  of  taxes  or  from  the  sale  of  property  for  delinquent 
taxes  as  that  portion  of  the  estimate  of  the  board  of  directors  (on  which 
said  tax  was  based)  which  is  required  for  the  payment  of  bonds  and  of 
the  interest  on  bonds  bears  to  the  whole  amount  of  said  estimate;  to 
the  general  fund,  the  balance  of  all  moneys  or  funds  so  received.  In 
case  lands  of  the  district  when  sold  for  delinquent  taxes,  are  struck  off 
to  the  district  as  the  purchaser,  the  tax  collector  of  the  county  in  which 
said  lands  are  located  shall,  in  making  his  accounting  with  the  treasurer 
of  said  count}',  furnish  a  statement  of  the  lands  so  sold  to  the  district 
and  of  the  amount  for  which  the  same  were  sold,  and  said  treasurer 
shall  deliver  the  same  to  the  treasurer  of  the  county  in  which  said 
district  was  organized  and  said  last-named  treasurer  shall  thereupon 
estimate  that  portion  of  said  amount  belonging  to  the  bond  fund  and 
shall  charge  the  general  fund  with  said  portion  and  shall  pay  the  same 
from  the  general  fund  into  the  bond  fund.  The  moneys  placed  in  the 
bond  fund  shall  be  used  for  the  payment  of  bonds  and  of  the  interest 
thereon,  and,  until  the  total  bonded  indebtedness  of  the  district  is 
discharged,  shall  not  be  used  for  any  other  purpose.  The  funds  of  the 
district  shall  not,  except  for  the  paj-ment  of  bonds  and  the  interest 
thereon,  be  paid  out  by  the  treasurer  of  the  county  in  which  said  dis- 
trict was  organized,  unless  a  warrant  therefor  shall  have  been  drawn 
and  executed  to  the  board  of  directors  and  approved  by  the  board  of 
supervisors  of  said  county.  Such  warrants  are  and  shall  be  considered 
as  contracts  in  writing  for  the  pajTiient  of  money,  and  the  period  pre- 
scribed for  the  commencement  of  an  action  based  thereon,  or  connected 
therewith,  is  and  shall  be  the  term  of  four  years  from  the  date  of  their 
issuance.  In  any  proceeding  for  a  writ  of  mandate  to  compel  the  board 
of  directors  to  issue  a  warrant,  the  court  must  determine  the  controversy 
in  the  manner  provided  for  determining  controversies  in  other  civil 
actions,  and  shall  cause  a  writ  to  issue  for  such  sum  as  may  be  found 
to  be  due. 


186  CVLIFORNIA   IRRIGATION    DISTRICT   LAWS, 

ELECTIONS. 
Voters. 

Sec.  22.  Except  as  herein  otherwise  provided,  every  holder  of  title 
or  evidence  of  title  (including  the  aforesaid  possessory  rights)  to  land 
contained  in  said  district,  and  no  other,  shall  be  qualified  and  entitled 
to  vote  either  in  person  or  by  proxy  at  any  election  held  by  said  dis- 
trict. Each  person  entitled  thereto  shall  have  one  vote  for  each 
dollar's  worth  of  land,  the  title  to  which  is  held  by  him  as  above  pro- 
vided. The  next  preceding  assessment-book  of  said  district  shall,  for 
the  purpose  of  this  section,  be  conclusive  evidence  of  ownership  and  of 
the  value  of  the  property  so  owned. 

Conduct  of  elections.    Election  officers.     Contest  of  election.     Proxies. 

Sec.  23.  Except  as  herein  otherwise  provided,  all  elections  held 
under  the  provisions  of  this  act  shall  be  called,  held  and  conducted  at 
the  time,  place  and  in  the  manner  provided  by  the  by-laws  of  the  dis- 
trict; provided,  however,  that  no  such  election  shall  be  valid  unless  the 
place  at  w^hieh  the  same  is  held  is  at  the  principal  place  of  business  of 
the  district  and  unless  notice  thereof  shall  first  have  been  given  in  the 
following  manner :  by  publication  thereof  once  a  week  for  at  least  two 
weeks  in  some  newspaper  of  general  circulation  published  in  each 
county  in  which  any  of  the  lands  contained  in  said  district  are  located. 
The  said  notice  of  election  shall  state  the  time,  place  and  purposes 
thereof.  At  least  ten  days  before  any  election,  the  board  of  directors 
must  appoint  from  among  those  persons  qualified  and  entitled  to  vote 
at  said  election  an  inspector  and  two  judges,  who  shall  constitute  a 
board  of  election,  and  three  alternates  who  shall,  in  the  order  in  which 
they  are  appointed,  fill  any  vacancies  on  said  board  if  any  members 
thereof  do  not  attend  at  the  opening  of  the  polls.  Each  member  of  such 
board  of  election,  or  his  successor,  must,  before  entering  upon  his 
duties  as  such,  take  an  official  oath  as  such  member  of  the  board  of 
election,  which  may  be  administered  by  any  officer  authorized  to  admin- 
ister oaths  or  by  any  landholder  in  the  district.  The  inspector  is  chair- 
man of  the  election  board  and  shall  appoint  the  necessary  clerks,  and 
if  during  the  progress  of  the  election  any  judge  or  clerk  shall  cease  to 
act,  he  shall  appoint  his  successor.  The  polls  shall  be  kept  open  for 
the  reception  of  votes  from  10  o'clock  a.m.  until  5  o'clock  p.m.,  when 
the  same  must  be  closed.  The  election  board  shall,  before  the  opening 
of  the  polls,  post  in  a  conspicuous  place  thereat  a  list  of  all  persons 
entitled  to  vote  at  said  election  with  the  number  of  votes  they  are 
entitled  to  cast.  The  ballots  used  at  the  election  shall  be  provided  by 
the  board  of  directors  and  one  of  the  clerks  of  election  shall  deliver  one 
of  them  to  each  person  qualified  to  cast  a  vote  or  to  his  representative 
by  proxy.  The  Australian  ballot  shall  be  used  and  the  clerk  of  the 
election  board  at  the  time  of  delivering  the  same  to  the  voter,  or  his 
representative  by  proxy,  shall  mark  thereon  in  a  place  provided  for 
that  purpose  the  name  of  the  person  casting  the  ballot  and  the  number 
of  votes  which  he  is  entitled  to  cast.  The  person  casting  the  ballot 
shall  stamp  a  cross  w^ith  a  rubber  stamp,  to  be  provided  by  the  board 
of  directors,  in  the  square  behind  the  name  of  each  candidate  or  propo- 
sition he  wishes  to  vote  for.     The  election  board  shall  retain  and  file 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  187 

with  the  returns  of  the  election  all  proxies  presented  at  said  election. 
A  list  of  the  ballots  cast  shall  be  made  by  the  board  of  election,  con- 
taining the  name  of  the  voter  and,  if  the  ballot  be  cast  by  proxy  or  by 
the  legal  representative  of  the  voter,  the  name  of  the  person  casting  it ; 
the  number  of  votes  cast;  and  how  the  person  voted  on  the  different 
matters  presented  at  the  election.  At  the  close  of  the  polls  the  board 
of  election  shall  at  once  proceed  to  canvass  the  votes  and  declare  the 
result,  and  shall  forward  a  certificate,  showing  the  same  and  the  num- 
ber of  votes  cast  for  or  against  each  candidate  or  proposition  and  shall 
forward  said  certificate,  together  with  all  ballots  used  and  all  docu- 
ments and  papers  used  at  such  election,  to  the  clerk  of  the  board  of 
supervisors  of  the  county  in  which  the  district  was  organized,  and  a 
duplicate  copy  thereof  to  the  secretary  of  the  district.  A  copy  of  said 
certificate,  certified  by  said  clerk  of  the  board  of  supervisors,  shall  be 
by  him  filed  for  record  with  the  county  recorder  of  each  county  in 
which  any  of  the  lands  contained  in  said  district  are  located,  and  by 
him  recorded  in  a  book  kept  by  him  for  the  purpose  of  recording  instru- 
ments and  writings  relating  to  said  district.  Any  person  interested 
may  contest  such  election,  within  twenty  days  after  the  result  thereof 
has  been  declared,  by  filing  a  complaint  in  the  superior  court  of  the 
county  where  such  election  was  held,  and  if  no  contest  shall  be  com- 
menced within  said  time,  the  declaration  of  the  result  by  the  board  of 
election  shall  be  final  and  conclusive.  No  proxy  shall  be  valid  and  no 
proxy  shall  be  accepted  or  vote  allowed  thereon  at  any  election  held 
under  the  provisions  of  this  act  unless  the  same  be  executed  in  writing 
by  the  person  or  corporation  who,  according  to  the  next  preceding 
assessment-book  of  the  district,  is  entitled  to  the  votes  for  which  the 
proxy  is  given.  The  said  proxy  shall  be  acknowledged  before  some 
person  authorized  to  take  certified  acknowledgments  of  conveyances  of 
real  property  and  shall  specify  the  election  for  which  it  is  given  and 
shall  only  be  used  at  such  election.  Every  proxy  shall  be  revocable  at 
the  pleasure  of  the  person  executing  it. 

Rights  may  be  exercised  by  legal  representative. 

Sec.  24.  The  rights,  privileges  and  immunities  created  by  this  act 
in  favor  of  any  holder  of  title  or  evidence  of  title,  including  such  afore- 
said possessory  rights,  to  lands  contained  in  the  district  may  for  his 
benefit  and  on  his  behalf  be  exercised  by,  and  are  hereby  extended  to, 
his  legal  representative  in  all  cases  where  said  legal  representative  is  an 
official  of  said  corporation  owning  land  within  the  district  or  is  a  guar- 
dian, executor,  or  administrator  of  an  estate  who  is  appointed  as  such 
under  the  laws  of  this  state  and  who  as  such  is  entitled  to  the  possession 
of  lands  included  within  said  water  district  belonging  to  the  estate  which 
he  represents  and  who  has  been  by  the  court  duly  authorized  to  exercise 
the  particular  right,  privilege  or  immunity  which  he  seeks  to  exercise ; 
provided,  however,  that  he  must,  before  he  casts  a  ballot  at  any  elec- 
tion of  the  district,  present  the  board  of  election  or  some  clerk  thereof 
with  a  certified  copy  of  his  authority,  which  must  be  kept  and  filed  with 
the  returns  of  the  election. 


188  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

CONSTRUCTION  OF  WORKS. 
Use  of  water  for  district  declared  public  use. 

Sec.  25.  The  use  of  all  water  required  for  the  irrigation  of  the 
lands  of  any  district  formed  under  the  provisions  of  this  act,  and  for 
domestic  and  other  incidental  and  other  beneficial  uses,  within  such 
district,  together  with  the  rights  of  way  for  canals  and  ditches,  sites 
for  reservoirs  and  all  other  property  required  in  fully  carrying  out 
the  provisions  of  this  act,  is  hereby  declared  to  be  a  public  use,  subject 
to  the  regulation  and  control  of  the  state  in  the  manner  prescribed 
by  law. 

Power  to  construct  works  across  streets,  etc.  Right  of  way  through  state 
lands. 
Sec.  26.  The  board  of  directoi-s  shall  have  power  to  construct  the 
irrigation  works  across  any  stream  of  water,  watercourse,  street, 
avenue,  highway,  railway,  canal,  ditch,  or  flume  which  the  route  of  a 
canal  or  canals  of  said  works  may  intersect  or  cross,  in  such  manner  as 
to  afford  securitj^  for  life  and  property;  but  said  board  shall  restore 
the  same,  when  so  crossed  or  intersected,  to  its  former  state  as  near  as 
may  be,  or  in  a  sufficient  manner  not  to  have  impaired  unnecessarily 
its  usefulness;  and  every  company  whose  railroad  shall  be  intersected 
or  crossed  by  said  works  shall  unite  with  said  board  in  forming  said 
intersections  and  crossings  and  shall  grant  the  privileges  aforesaid ;  and 
if  such  railroad  company  and  said  board  or  the  owners  and  controllers 
of  said  property,  thing  or  franchise  so  to  be  crossed,  cannot  agree  upon 
the  amount  to  be  paid  therefor,  or  the  points  or  the  manner  of  said 
crossings  or  intersections,  the  same  shall  be  ascertained  and  determined 
in  all  respects  as  is  herein  provided  in  respect  to  the  taking  of  land. 
A  right  of  way  is  hereby  given,  dedicated,  and  set  apart  to  locate,  con- 
struct, and  maintain  said  works  over  and  through  any  of  the  lands 
which  are  now  or  may  be  the  property  of  this  state;  and  also  there  is 
given,  dedicated,  and  set  apart  for  the  uses  and  purposes  aforesaid,  all 
waters  and  water  rights  belonging  to  this  state  within  the  district. 
The  rights  of  way,  ditches,  flumes,  pipe-lines,  dams,  water  rights, 
reservoirs  and  other  property  of  like  character  belonging  to  any  dis- 
tric  organized  under  this  act  shall  not  be  taxed  for  state  and  county 
or  municipal  purposes. 

Condemnation  proceedings. 

Sec.  27.  In  case  of  condemnation  proceedings,  the  board  of  directors 
shall  proceed  in  the  name  of  the  district  under  the  provisions  of  Title 
VII,  Part  III  of  the  Code  of  Civil  Procedure. 

Officers  not  to  be  interested  in  contracts. 

Sec.  28.  No  officer  of  the  district  shall  in  any  manner  be  interested 
directly  or  indirectly,  in  any  contract  awarded  or  to  be  awarded,  or 
in  the  profits  to  be  derived  therefrom;  and  for  any  violation  of  this 
provision  such  officer  shall  be  deemed  guilty  of  a  misdemeanor  and 
such  conviction  shall  work  a  forfeiture  of  his  office,  and  he  shall  be 
punished  by  a  fine  not  exceeding  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  six  months,  or  by  both  such  fine 
and  imprisonment. 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS,  189 

APPORTIONMENT  OF  WATER. 
Apportionment  of  waters.    Penalty. 

Sec.  29.  It  is  hereby  expressly  provided  that  all  waters  distributed 
for  irrigation  purposes  shall  be  apportioned  ratably  to  each  land 
owner  upon  the  basis  of  the  ratio  which  the  last  assessment  of  such 
owner  for  district  purposes  within  said  district  bears  to  the  whole 
acreage  assessed  upon  the  district.  When  the  equitable  rules  and 
regulations  for  the  distribution  of  water  have  been  provided  by  the 
board  of  directors  and  published  once  a  week  for  two  weeks  in  some 
newspaper  of  general  circulation  published  in  each  county  in  which 
any  of  the  lands  contained  in  said  district  are  located,  any  violation 
thereof  shall  be  and  is  hereby  declared  to  be  a  misdemeanor,  and  the 
person  committing  the  same  shall,  upon  convicition  thereof,  be  subject 
to  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  one  hun- 
dred dollars. 

No  fees  for  services  of  county  officers. 

Sec.  30.  No  supervisor,  recorder,  tax  collector,  treasurer,  auditor  or 
clerk  of  any  county  shall  receive  any  fee  for  any  service  required  to  be 
performed  by  him  under  the  provisions  of  this  act ;  provided,  however, 
that  the  tax  collector  of  each  county  in  which  any  of  the  lands  contained 
in  the  district  are  located,  during  the  time  for  the  collection  of  the 
taxfes  of  the  district,  may  require  the  board  of  directors  to  provide  and 
pay  for  a  deputy  tax  collector  whose  duty  it  shall  be  to  care  for  the 
matters  relating  to  the  collection  of  the  said  taxes  of  the  district. 

In  case  of  division  of  a  county  excluding  lands  of  district. 

Sec.  31.  If  at  any  time  after  the  organization  of  any  district  here- 
under, the  boundaries  of  the  county  in  Avhicli  the  same  was  organized 
shall  be  so  changed  or  modified  as  to  exclude  therefrom  all  of  the  lands 
contained  in  said  di.strict,  then  in  that  event  the  records  and  docu- 
ments of  said  district  in  the  possession  and  care  of  the  board  of  super- 
visors of  said  county,  together  with  a  certified  copy  of  the  proceedings 
had  by  the  district  under  jurisdiction  of  said  board  of  supervisors,  shall 
be  transferred  and  filed  with  the  clerk  of  the  board  of  supervisors  of 
the  county  in  which  the  greater  portion  of  the  lands  contained  in  said 
district  are  located.  All  proceedings,  petitions,  orders  or  other  docu- 
ments which  have  been  filed  with  the  recorder  of  the  county  in  which 
said  district  was  organized,  and  which,  or  a  certified  copy  thereof,  have 
not  been  recorded  in  the  county  to  which  said  district  is  transferred, 
shall  be  certified  to  by  said  county  recorder  and  filed  for  record  with 
the  county  recorder  of  the  county  to  which  said  district  has  been  trans- 
ferred, and  by  him  recorded  in  a  book  kept  by  him  for  the  purpose  of 
recording  instruments  and  writings  relating  to  said  district.  The 
treasurer  and  the  auditor  of  the  county  in  which  said  district  was  organ- 
ized shall  draw  their  warrant  upon  .said  treasurer  for  all  of  the  funds 
of  such  district  in  the  treasury  of  said  county  and  the  said  treasurer 
shall  pay  such  warrant  and  said  funds,  together  with  all  unsold  bonds 
of  the  district  and  the  bond  record  kept  by  him,  shall  be  transferred 
by  him  to  the  treasurer  of  the  county  to  which  the  district  has  been 
o  transferred.  From  and  after  the  transfer  in  the  manner  above 
specified  the  board  of  supervisors  of  the  county  to  which  the  district 


190  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

is  transferred  shall  have  and  exercise  all  of  the  jurisdiction,  power  and 
authority  over  said  district  as  was  theretofore  exercised  by  the  board 
of  supervisors  of  the  county  wherein  such  district  was  originally 
formed  and  thereafter  any  act  or  duty  which  is  herein  required  to  be 
done  by  the  board  of  supervisors  or  any  officer  of  the  county  in  which 
said  district  was  organized  shall  be  performed  by  the  correcpond- 
ing  board  of  supervisors  or  other  official  of  the  county  to  which 
said  district  has  been  transferred,  in  general  the  said  district 
shall  thereafter  conduct  and  manage  its  affairs  through  its  proper 
officials  and  in  conjunction  with  the  proper  officials  of  each  county  in 
which  any  of  the  lands  contained  in  said  district  are  located  as  though 
said  district  was  originally  organized  in  the  county  to  which  it  was 
transferred. 

DISSOLUTION. 
Action  for  dissolution  of  district.    Hearing. 

Sec.  32.  An  action  may  be  brought  by  the  attorney  general  in  the 
name  of  the  people  of  this  state,  upon  his  own  information,  or  that  of 
a  private  party,  for  the  dissolution  of  any  district  formed  hereunder 
for  a  nonuser  of  its  corporate  powers.  In  such  action  the  complaint 
and  summons  shall  be  personally  served  upon  said  district  by  delivery 
of  a  copy  thereof  to  either  the  president  of  the  board  of  directors  or 
the  secretary  of  the  district.  When  service  has  been  made  upon  the 
defendant  and  an  appearance  has  been  entered  or  a  default  of  the 
defendant  entered,  the  court,  upon  the  application  of  any  of  the  parties, 
shall  thereupon  enter  an  order  fixing  a  day  for  hearing,  w^hich  shall, 
not  be  less  than  twenty-five  days  from  the  date  of  the  order  and  shall, 
also,  enter  an  order  directing  notice  by  publication  to  be  given  by  the 
clerk  to  all  persons  interested  in  said  district  either  as  the  owners  of 
land  or  interests  in  land  in  said  district  or  as  creditors  of  said  district, 
or  otherwise,  requiring  them  to  be  and  appear  on  the  day  fixed  for  the 
hearing  and  show  cause,  if  any  they  have,  why  the  district  named  in 
the  complaint  as  defendant  should  not  be  dissolved.  The  notice  shall 
be  published  in  some  newspaper  of  general  circulation  published  in 
each  county  in  which  any  of  the  lands  contained  in  said  district  are 
located,  for  a  period  of  not  less  than  twenty  days.  On  the  day  fixed 
for  a  hearing,  or  some  later  date  to  which  the  cause  may  be  continued, 
the  court  may  proceed  with  the  hearing,  due  proof  having  been  first 
made  of  the  service  of  the  notice  by  publication  for  the  length  of  time 
required  by  the  order.  Any  person  interested  in  the  district  that  is 
defendant,  shall,  upon  showing  his  interest,  be  allowed  to  file  an  answer 
or  objections  to  the  dis.solution  of  the  defendant  and  shall  from  the 
filing  of  said  answer  or  objections  become  a  party  defendant,  and  be 
entitled  to  all  the  rights  of  a  defendant  in  any  civil  action.  If  upon 
the  trial  of  any  .such  action  it  be  determined  by  the  court :  that  the 
district  is  not  in  debt,  or  if  in  debt,  that  all  claims  are  barred  by  the 
statute  of  limitations  and  that  in  addition  thereto  said  district,  or  the 
board  of  directors  thereof,  are  not  proceeding  to  place  the  lands  of  the 
district  under  irrigation  and  are  not  exercising  the  powers  of  the  cor- 
poration and  have  not  been  so  doing  for  a  period  of  one  year  prior 
thereto,  the  court  shall  then  enter  a  decree  di.ssolving  the  corporation, 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  191 

or  make  such  further  order  as  may  be  deciiuMl  noc^'ssary  to  protect  the 
rigrhts  of  all  parties  interested. 

GENERAL   PROVISIONS. 
Constitutionality  of  act. 

Sec.  ;J3.  If  any  section,  subsection,  sentence,  clause  or  phrase  of 
this  act  is  for  any  reason  held  to  be  unconstitutional,  such  decision 
shall  not  affect  the  validity  of  the  remaining  portions  of  this  act.  The 
legislature  hereby  declares  that  it  would  have  passed  this  act,  and  each 
of  .said  parts  thereof,  irrespective  of  the  fact  that  any  one  or  more 
other  sections,  subsection.s,  sentences,  clauses  or  phrases  be  declared 
unconstitutional. 

Nothing  repealed. 

Sec,  34.  This  act  does  not  change,  modify,  add  to  or  repeal  any 
other  act  or  law  of  this  state. 

County  assessment-roll  may   be  adopted. 

Sec.  35.  The  board  of  directors  of  any  district  hereafter  organized 
hereunder  may  at  their  option  adopt  the  assessment-roll  of  the  county 
or  counties  in  which  the  land  of  the  district  is  contained  in  so  far  as 
said  assessment-roll  affects  the  lands  in  the  district ;  and  file  with  the 
clerk  of  the  board  of  supervisors  a  certified  copy  of  such  as.ses.sment- 
roll,  in  lieu  of  the  assessment -book  mentioned  in  section  eight  of  this 
act.     (New  section  added  Stats.  1917,  p.  1409.) 

SALE  OF  WATER. 
Sale  of  water. 

Sec.  36.  The  board  of  directors  of  any  district  hereafter  organized 
hereunder  shall  have  the  power  to  sell  water  to  owners  of  land  in  the 
district  and  to  fix  rates  for  the  sale  of  water,  and  such  rates  may  vary 
in  different  months  and  in  different  localities  of  the  district  to  cor- 
respond to  the  cost  and  value  of  the  service,  and  to  collect  for  all  water 
.sold  and  to  use  so  much  of  the  proceeds  of  the  sale  of  water  as  may  be 
neces.sary  to  defray  the  ordinary  operating  expenses  of  the  district 
and  any  funds  derived  from  the  sale  of  water,  in  excess  of  the  amount 
necessary  for  operating  expenses,  shall  be  paid  to  the  treasurer  of  the 
county  in  which  said  district  is  located  and  applied  upon  the  payment 
of  interest  on  bonds  or  to  create  a  sinking  fund.  (New  section  added 
Stats.  1917,  p.  1409.) 


192  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 


6.    THE  WATER  COMMISSION  ACT. 

An  act  to  regulate  the  iise  of  water  which  is  subject  to  such  control  by 
the  State  of  California,  and  in  that  behalf  creating  a  state  water 
commission;  specifying  and  providing  for  the  appointment  of  the 
members  of  said  commission;  fixing  the  terms  of  office  and  compen- 
sation of  the  members  of  said  commission;  fixing  the  powers,  duties 
and  authority  of  said  commission  and  its  members;  providing  for 
the  filling  of  vacancies  in  the  membership  of  said  commission;  pro- 
viding for  the  removal  from  office  of  the  appointed  members  of  said 
commission;  pi'oviding  for  the  cooperation  of  courts  with  said  com- 
mission; providing  that  certain  courts  shall  take  judicial  notice  of 
certain  acts  of  the  state  water  commission;  specifying  the  duties  of 
all  persons  summoned  as  witnesses  before  said  commission  or  any 
of  its  members;  appropriating  money  for  carrying  out  the  provi- 
sions of  this  act;  providing  for  the  payment  of  the  indebtedness  and 
expenses  of  said  commission,  its  members  and  employees;  declaring 
what  water  is  unappropriated;  providing  for  the  utilization  of  water 
and  the  worhs  necessary  to  such  utilization  to  the  full  capacity  of 
streams  or  of  such  portion  or  portions  of  such  capacity  as  the  public 
good  may  require;  declaring  what  water  may  be  appropriated; 
declaring  that  the  nonapplication  for  ten  consecutive  years  of  any 
portion  of  the  waters  of  any  stream  to  lands  riparian  to  such  stream 
shall  be  conclusive  presumption  that  the  use  of  such  nonapplied 
water  is  not  needed  on  said  riparian  lands  for  a  iiseful  or  beneficial 
purpose;  declaring  that  such  nonapplied  water  shall  be  deemed  to 
be  in  the  use  of  the  state  and  subject  to  appropriation;  declaring 
the  duties  of  those  who  desire  to  appropriate  water;  declaring  the 
periods  for  which  water  may  be  appropriated  and  the  conditions 
under  which  water  may  be  appropriated;  providing  for  the  payment 
of  fees  and  charges  by  the  applicants  for  permission  to  appropriate 
water  and  by  the  appropriators  of  water;  providing  for  the  ascer- 
tainment and  adjudication  of  water  rights;  providing  for  the  bring- 
ing of  actions  by  certain  persons,  or,  upon  the  direction  of  the  state 
water  commission,  by  the  attorney  general,  for  the  quieting  of  title 
to  water  rights;  specifying  certain  duties  of  the  claimants,  possessors 
or  u^ers  of  water  or  water  rights;  declaring  water  rights  forfeited 
under  certain  conditions;  regulating  the  appropriation  of  water; 
excepting  cities,  cities  and  counties,  municipal  water  districts,  irri- 
gation districts  and  lighting  districts  from  certain  provisions  of  this 
act;  defining  certain  words  and  terms  used  in  this  act;  repealing  all 
acts  or  parts  of  acts  in  conflict  with  this  act;  declaring  how  this  act 
shall  be  known;  making  legislative  declaration  concerning  those 
parts  of  this  act  which  may  not  be  declared  unconstitutional. 


CALIFORNIA   IRRIQATION    DISTRICT   LAWS.  193 

(Approved  by  the  Governor  June  16,  1913,  held  up  by  referendum,  approved  by  vote 
of  the  people  November  3,  1914,  went  Into  effect  December  19,  1914.  Amended  Stata. 
1917,  pp.  194,  195,  231,  284,  746;  1919,  pp.  52,  124,  162;  1921,  pp.  442,  443.  482,  543; 
1923,  pp.  511.   1193;  and  1925.  p.  586.) 

The  people  of  the  State  of  California  do  enact  as  follows: 

CREATION  OF  COMMISSION. 
Commission  personnel,  etc. 

Section  1.  For  the  purpose  of  carrying  out  the  provisions  of  this 
act  a  state  water  commission  consisting  of  five  persons  is  hereby 
created  and  established.  Two  members  of  said  commission  shall  be,  ex 
officio,  the  governor  of  the  state  and  the  state  engineer,  respectively. 
Three  members  of  said  commission,  one  of  whom  shall  be  the  executive 
member  and  the  other  two  shall  be  associate  members,  shall  be  appointed 
by  the  governor  for  the  term  of  four  years;  provided,  however,  that  the 
members  first  appointed  shall  be  appointed  to  hold  office  for  the  unex- 
pired term  of  the  members  in  office  at  the  time  this  amendatory  act  takes 
effect.  Such  appointive  commissioners  shall  be  men  of  practical  knowl- 
edge or  experience  in  the  application  and  use  of  waters  for  irrigation, 
mining  and  municipal  purposes,  and  shall  be  so  appointed  that  at  least 
one  thereof  shall  have  had  practical  knowledge  and  experience  in  the 
use  of  water  for  agricultural  purposes,  and  one  thereof  shall  have  had 
practical  knowledge  and  experience  in  the  use  of  water  for  mining  pur- 
poses, and  one  thereof  shall  have  had  practical  knowledge  and  experience 
in  the  use  of  water  for  municipal  purposes.  The  executive  member  shall 
be  president  of  the  commission.  The  executive  member  of  said  com- 
mission shall  receive  as  compensation  for  his  services  the  sum  of  five 
thousand  dollars  per  annum.  Each  of  the  associate  members  of  said 
commission  shall  receive  as  compensation  for  his  services  fifteen  dollars 
per  day  while  actually  engaged  in  the  duties  of  his  office.  All  members 
of  the  commission  shall  receive  their  actual  and  necessary  traveling 
expenses.  No  commissioner  who  is  directly  or  indirectly  interested  in 
any  matter  before  the  commission  shall  sit  with  the  commission  during 
the  hearing  of  such  matter ;  nor  shall  he  be  detailed  by  the  commission 
to  investigate  or  report  on  any  such  matter;  nor  shall  he  take  part  in 
any  determination  of  any  such  matter.  But  the  governor  shall  have  the 
power  and  authority,  upon  request  of  the  commission,  to  appoint  pro 
tempore  some  disinterested  person  to  sit  and  act  in  the  place  and  stead 
of  such  interested  commissioner.  Such  pro  tempore  commissioner  shall 
have  compensation  for  the  time  of  service  equal  to  the  compensation  of 
a  commi-ssioner  during  such  service  and  shall  have  the  power  and 
authority  of  the  same,  only  in  the  matter  for  the  investigation  and 
determination  of  which  he  shall  have  been  appointed  and  his  connection 
with  the  commission  shall  cease  and  determine  upon  the  completion  of 
the  investigation  and  determination  for  which  he  was  appointed.  But 
the  commission  in  whose  place  and  stead  he  sits  shall  have  power,  com- 
pensation and  authority  in  all  other  cases. 

Executive  member — duties. 

It  shall  be  the  duty  of  the  executive  member  of  said  commission  to 
co)isif1fr  and  net  npon  all  appHr-atinric  for  permits  to  appropriate  water 

13—40508 


194  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

under  the  provisions  of  the  water  commission  act  and  to  do  all  things 
required  or  proper  relating  to  such  applications  and  his  acts  and  orders 
in  such  matters  shall  be  deemed  the  acts  and  orders  of  said  commission ; 
provided,  however,  that  any  person,  firm,  association,  or  corpora-  <^o^ 
tion  interested  in  any  such  application  may  appeal  from  any  order  ^  |,S 
of  said  executive  member  granting  or  refusing  to  grant  a  permit  ""aj- 
or  a  license  to  appropriate  by  filing  with  said  commission  a  notice  f  p  S. 
of  appeal  within  thirty  days  after  notice  of  such  order  is  given  as  ^  ^^ 
provided  in  the  water  commission  act.  Such  notice  of  appeal  shall  p  "  -■ 
be  sufficient  if  it  sets  forth  or  refers  to  with  reasonable  certainty  "  §  -o 
the  order  appealed  from  and  the  grounds  of  dissatisfaction  there-  o^^g 
with.  Upon  the  filing  of  notice  of  appeal  the  said  water  commis-  3  8? 
sion  shall  review  all  papers  and  proceedings  in  the  matter  in  |?-" 
which  the  order  appealed  from  was  made,  take  such  additional  | »  m 
evidence  as  it  may  deem  proper,  and  enter  its  order  in  such  matter  '^  5® 
afiirming,  reversing,  or  modifying  in  any  way  the  order  of  said  {tS5 
executive  member.     (Stats.  1919,  p.  1193.)  ^*-" 

POWERS  AND  DUTIES. 
Hearings  upon  applications. 

Sec.  la.  The  state  water  commission  shall  have  authority  to  grant, 
or  to  refuse  to  grant  a  permit  and  to  reject  any  application,  after  hear- 
ing; provided,  however,  that  no  hearing  shall  be  necessary  in  order  to 
issue  a  permit  upon  an  unprotested  application  or  in  order  to 
reject  a  defective  application  after  notice  as  provided  in  section  seven- 
teen of  this  act,  unless  the  state  water  commission  elects  to  hold  a  hear- 
ing; and  provided,  further,  that  upon  failure  of  any  party  in  interest 
to  appear  at  a  hearing  or  show  good  cause  within  five  days  thereafter 
for  said  failure,  final  action  may  be  taken  by  said  commission  without 
further  hearing.  In  the  conduct  of  hearings  technical  rules  of  evidence 
need  not  be  applied.  Notice  of  hearing  shall  be  given  by  mailing  notice 
not  less  than  twentv  days  before  the  date  of  hearing.  (Stats.  1923, 
p.  161.) 

Right  to  bring  suit  in  superior  court. 

Sec.  1&.  Any  person,  firm,  association,  or  corporation  interested  in 
any  application  for  a  permit  to  appropriate  water  or  any  party  prot- 
estant  before  the  state  water  commission  may  within  thirty  days  after 
issuance  of  a  permit  or  an  order  refusing  to  issue  a  permit  and  rejecting 
an  application  bring  an  action  in  the  superior  court  in  and  for  the 
county  wherein  the  proposed  point  of  diversion  or  a  proposed  point  of 
diversion  lies.  Said  action  shall  be  for  a  review  of  the  order  of  the 
state  water  commission.  Said  court  shall  review  all  correspondence, 
maps,  data  and  other  records  on  file  with  the  state  water  commission 
which  pertain  to  said  application  and  all  evidence  taken  before  said 
commission  and  take  such  additional  evidence  as  it  may  require  or  as 
may  be  submitted  by  the  parties  in  interest  or  the  state  water  commis- 
sion and  shall  then  render  judgment  affirming,  reversing,  or  modifying 
the  action  of  the  state  water  commission.  The  priority  of  right  of  an 
applicant  shall  continue  until  final  judgment  is  rendered.  (Stats. 
1923,  p.  162.) 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  195 

No  other  method  of  appropriating  water  subject  to  act. 

Sec.  Ic.  No  right  to  appropriate  or  use  water  which  is  subject  to 
the  provisions  of  this  act  shall  be  initiated  or  acquired  by  any  person, 
firm,  association,  or  corporation  except  upon  compliance  with  the  pro- 
visions of  this  act.     (Stats.  1923,  p.  162.) 

Some  matters  prerequisite  to  issuance  of  a  permit. 

Sec.  Id.  As  prerequisite  to  the  issuance  by  the  state  water  com- 
mission of  a  permit  to  appropriate  water  the  following  facts  must  exist: 
there  must  be  a  person,  firm,  association,  or  corporation  as  party  appli- 
cant; the  application  must  contain  the  matter  and  information  pre- 
scribed by  this  act  and  be  in  the  form  required  by  the  state  water 
commission ;  the  application  must  be  accompanied  by  such  maps,  draw- 
ings, and  other  data  as  may  be  required  by  the  state  water  commission ; 
the  intended  use  must  be  beneficial;  there  must  be  unappropriated 
water  available  to  supply  the  applicant ;  and  all  fees  due  must  be  paid ; 
but  this  enumeration  of  prerequisites  shall  not  be  interpreted  to  exclude 
other  matters,  if  any,  made  by  this  act  prerequisite  to  the  issuance  of 
a  permit.    (Stats.  1923,  p.  163.) 

Commission — vacancies  and  seal. 

Sec.  2.  Whenever  a  vacancy  in  the  state  water  commission  shall 
occur,  the  governor  shall  forthwith  appoint  a  qualified  person  to  fill  the 
same  for  the  unexpired  term.  The  legislature,  by  a  two-thirds  vote  of 
all  members  elected  to  each  house,  or  the  governor,  may  remove  any  one 
or  more  of  the  appointed  commissioners  from  office.  The  commission 
shall  have. a  seal  bearing  the  following  inscription:  State  water  com- 
mission of  California.  The  seal  shall  be  afiixed  to  all  authentications  of 
copies  of  records  and  to  such  other  instruments  as  the  commission  may 
direct.    All  courts  shall  take  judicial  notice  of  said  seal. 

Commission — quorum. 

Sec.  3.  A  majority  of  the  appointed  commissioners  shall  constitute 
a  quorum  for  the  transaction  of  any  business,  for  the  performance  of 
any  duty,  or  for  the  exercise  of  any  power  of  the  commission.  No 
vacancy  in  the  commission  shall  impair  the  right  of  the  remaining 
commissioners  to  exercise  all  the  powers  of  the  commission. 

Commissioners — powers. 

The  act  of  a  majority  of  the  commissioners  present,  when  in  session  as 
a  board,  shall  be  deemed  to  be  the  act  of  the  commission;  but  any 
investigations,  inquiry  or  hearing  which  the  commission  has  power  to 
undertake  or  hold  may  be  undertaken  or  held  by  or  before  any  com- 
missioners or  commissioner  designated  for  the  purpose  by  the  commis- 
sion; and  every  finding,  order,  ascertainment  or  decision  made  by  the 
commissioners  or  the  commissioner  so  designated  pursuant  to  such 
investigation,  inquiry  or  hearing,  when  approved  by  the  commission 
and  ordered  filed  in  its  office,  shall  be  and  be  deemed  to  be  the  finding, 
order,  ascertainment  or  decision  of  the  commission. 

Sec.  4.  (a)  Each  commissioner  shall  have  power  to  administer 
oaths,  certify  to  all  official  acts,  and  to  issue  subpoenas  for  the  attend- 


196  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

ance  of  witnesses  and  the  production  of  papers,  books,  maps,  accounts, 
documents  and  testimony  in  any  inquiry,  investigation,  hearing,  ascer- 
tainment or  proceeding  ordered  or  undertaken  by  the  commission  in 
any  part  of  the  state. 

Witness  fees,  testimony,  etc. 

Each  witness  who  shall  appear  by  order  of  the  commission  or  any 
commissioners  or  a  commissioner  shall  receive  for  his  attendance  the 
same  fees  and  mileage  allowed  by  law  to  witnesses  in  civil  cases,  which 
amount  shall  be  paid  by  the  party  at  whose  request  such  witness  is 
subpoenaed.  When  any  witness  who  has  not  been  required  to  attend  at 
the  request  of  any  party  shall  be  subpoenaed  by  the  commission  his  fees 
and  mileage  shall  be  paid  from  the  funds  appropriated  for  the  use  of 
the  commission  in  the  same  manner  as  other  expenses  of  the  commission 
are  paid.  Any  witness  subpoenaed,  except  one  whose  fees  and  mileage 
may  be  paid  from  the  funds  of  the  commission,  may,  at  the  time  of 
service,  demand  the  fee  to  which  he  is  entitled  for  travel  to  and  from 
the  place  at  which  he  is  required  to  appear  and  one  day's  attendance. 
If  such  witness  demands  such  fees  at  the  time  of  service,  and  they  are 
not  at  the  time  paid  or  tendered,  he  shall  not  be  required  to  attend 
before  the  commission  or  commissioners  as  directed  in  the  subpoena.  All 
fees  and  mileage  to  which  any  witness  is  entitled  under  the  provisions 
of  this  section  may  be  collected  by  action  therefor  instituted  by  the 
person  to  whom  such  fees  are  payable.  But  no  witness  shall  be  com- 
pelled to  attend  as  a  witness  before  the  water  commission  or  any  water 
commissioner  or  water  commissioners  out  of  the  county  in  which  he 
resides,  unless  the  distance  be  less  than  thirty  miles  from  his  place  of 
residence  to  the  place  of  hearing. 

(&)  The  superior  court  of  the  county  or  city  and  county  in  which 
any  inquiry,  investigation,  hearing  or  proceedings  may  be  held  by  the 
commission  or  any  commissioner  or  commissioners  shall  have  the  power 
to  compel  the  attendance  of  witnesses  and  the  production  of  papers, 
maps,  books,  accounts,  documents  and  testimony  as  required  by  any 
subpoena  issued  by  the  commission  or  any  commissioner  or  commis- 
sioners. The  commission,  commissioners  or  commissioner  before  whom 
the  testimony  is  to  be  given  or  produced  may,  in  case  of  the  refusal  of 
any  witness  to  attend  or  testify  or  produce  any  papers,  maps,  books, 
accounts  or  documents  required  by  such  subpoena,  report  to  the  superior 
court  in  and  for  the  county  or  city  and  county  in  which  the  proceeding 
is  pending  by  petition,  setting  forth  that  due  notice  has  been  given  of 
the  time  and  place  of  attendance  of  said  witness,  or  for  the  production 
of  said  papers,  maps,  books,  accounts  or  documents  and  that  the  witness 
has  been  summoned  in  the  manner  prescribed  in  this  act,  and  that  the 
witness  has  failed  and  refused  to  attend  or  produce  the  papers,  maps, 
books,  accounts  or  documents  required  by  the  subpoena  before  the  com- 
mission, commissioners,  or  commissioner  in  the  cause  or  proceeding 
named  in  the  notice  and  subpoena,  or  has  refused  to  answer  questions 
propounded  to  him  in  the  course  of  such  cause  or  proceetling,  and  ask 
an  order  of  said  court,  compelling  the  witness  to  attend,  testify,  and 
produce  said  papers,  maps,  books,  accounts  or  documents  before  the 
commission,  or  commissioners,  or  commissioner.  The  court,  upon  the 
petition  of  the  commission  or  commissioners  or  commissioner,  shall  enter 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  197 

an  order  directing  the  witness  to  appear  before  the  court  at  a  time  and 
place  to  be  fixed  by  the  court  in  such  order,  the  time  to  be  not  more  than 
ten  days  from  tlie  date  of  the  order,  and  then  and  there  show  cause,  if 
any  he  have,  why  he  refused  to  obey  said  subpoena,  or  refused  to  answer 
questions  propounded  to  him  by  said  commission,  or  any  commissioners 
or  any  commissioner,  or  neglected,  failed  or  refused  to  produce  before 
said  commission,  or  any  commissioners  or  any  commissioner  the  books, 
papers,  maps,  accounts  or  documents  called  for  in  said  subpoena.  A 
copy  of  said  order  and  the  petition  therefor  shall  be  served  upon  said 
witness.  If  it  shall  appear  to  the  court  that  said  subpoena  was  regularly 
issued  by  the  commission  or  any  commissioners  or  a  commissioner,  the 
court  shall  thereupon  enter  an  order  that  said  witness  appear  before 
the  commission  or  commissioners  or  commissioner  at  the  time  and  place 
fixed  in  said  order,  and  testify  or  produce  the  required  papers,  maps, 
books,  accounts  or  documents,  or  both  testify  and  produce;  and  upon 
failure  to  obey  said  order  said  witness  shall  be  dealt  with  as  for  con- 
tempt of  court. 

(c)  The  state  water  commission  or  any  commissioners  or  commis- 
sioner, or  any  party  to  a  proceeding  before  the  commission  or  any  com- 
missioners or  any  commissioner,  may  in  any  investigation  or  hearing 
before  the  commission  or  any  commissioners  or  any  commissioner  cause 
the  deposition  of  witnesses  residing  within  or  without  the  state  to  be 
taken  in  the  manner  prescribed  by  law  for  depositions  in  civil  actions  in 
the  superior  courts  of  this  state. 

(d)  No  person  shall  be  excused  from  testifying  or  from  producing 
any  book,  map,  document,  paper  or  account  in  any  investigation  or 
inquiry  by  or  hearing  before  the  commission  or  any  commissioners  or 
commissioner  upon  the  ground  that  the  testimony  or  evidence,  book, 
map,  document,  paper  or  account  required  of  him  may  tend  to  incrimi- 
nate him  or  subject  him  to  penalty  or  forfeiture.  But  no  person  shall 
be  prosecuted,  punished  or  subjected  to  any  penalty  or  forfeiture  for  or 
on  account  of  any  act,  transaction,  matter  or  thin^  material  to  the 
matter  under  investigation  by  said  commission,  or  any  commissioners, 
or  any  commissioner  concerning  which  he  shall  have  been  compelled  to 
testify  or  to  produce  documentary  evidence ;  provided,  that  no  person  so. 
testifying  or  producing  shall  be  exempt  from  prosecution  and  punish- 
ment for  any  perjury  committed  by  him  in  his  testimony. 

Minutes  and  record  of  testiqiony. 

Sec.  5.  A  full  and  accurate  record  of  business  or  acts  performed 
or  of  testimony  taken  by  the  commission  or  any  member  or  members 
thereof  in  pursuance  of  the  provisions  of  this  act  shall  be  kept  and  be 
placed  on  file  in  the  office  of  said  water  commission. 

Fees  for  copying  and  certification. 

Sec.  6.  The  state  water  commission  shall  take,  charge  and  collect 
the  following  fees:  for  copies  and  records  not  required  to  be  certified 
or  otherwise  authenticated  by  the  commission,  ten  cents  for  each  folio; 
for  certified  copies  of  official  documents  and  orders  filed  in  its  office, 
fifteen  cents  for  each  folio,  and  one  dollar  for  every  certificate  under 
seal  affixed  thereto;  for  certified  copies  of  evidence  and  proceedings 
before  the  commission,  fifteen  cents  for  each  folio.     The  commission 


198  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

may  fix  reasonable  charges  for  publications  issued  under  its  authority. 
All  fees  charged  and  collected  under  this  section  shall  be  paid,  at  least 
once  each  week,  accompanied  by  a  detailed  statement  thereof,  into  the 
treasury  of  the  state. 

Rules  and  regulations  of  staff. 

Sec.  7.  For  the  purpose  of  carrying  out  the  provisions  of  this  act 
the  state  water  commission  is  authorized  to  pass  such  necessary  rules 
and  regulations  as  it  may  from  time  to  time  deem  advisable,  to  appoint 
and  remove  at  its  pleasure  a  secretary  or  chief  clerk  who  shall  have 
charge  of  its  books  and  records,  who  shall  have  authority  to  certify 
under  the  seal  of  said  commission  all  copies  of  orders,  applications, 
permits,  licenses,  certificates  or  other  records  of  said  commisdon,  who 
shall  have  authority  to  attest  under  the  seal  of  said  commission  all 
records,  transcripts,  evidence,  and  other  original  documents  which  it  is 
necessary  to  so  authenticate,  who  shall  perform  such  other  duties  as 
from  time  to  time  may  be  prescribed  and  whose  salary  shall  be  fixed  by 
the  water  commission ;  and  the  state  water  commission  may  also  employ 
such  expert,  technical  and  clerical  assistance,  and  upon  such  terms,  as  it 
may  deem  proper,  and  may  designate  such  of  its  emploj'ces  as  it  may 
deem  advisable  to  be  examiners  who  shall  have  power  to  act  as  referees 
and  to  conduct  hearings  on  behalf  of  said  commission,  to  administer 
oaths,  examine  witnesses,  issue  subpoenas  and  receive  evidence,  under 
such  rules  and  regulations  as  the  commission  mav  from  time  to  time 
adopt.     (Stats.  1925,  p.  186.) 

Appropriation  1913-15. 

Sec.  8.  For  the  purpose  of  carrying  out  the  provisions  of  this  act 
the  sum  of  fifty  thousand  dollars  is  hereby  appropriated  for  the  fiscal 
years  1913-1914  and  1914-1915  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated,  and  the  state  controller  is  hereby  authorized 
and  directed  to  draw  warrants  upon  such  sum  from  time  to  time  upon 
the  requisition  of  the  state  water  commission  approved  by  the  state 
board  of  control,  and  the  state  treasurer  is  hereby  authorized  and 
directed  to  pay  such  warrants. 

Expenditures. 

Sec.  9.  All  indebtedness  incurred  for  salaries,  and  all  necessary 
costs  in  traveling  and  other  expenses  of  said  commission,  and  each  of 
its  members  and  persons  employed  by  it,  while  actually  engaged  in  the 
business  of  said  commission,  shall  be  paid  by  the  state  out  of  the  funds 
hereby  appropriated,  upon  the  sworn  statement  of  the  person  or  persons 
incurring  such  indebtedness,  and  upon  the  requisition  of  the  state  water 
commission,  approved  by  tlie  state  board  of  control,  and  the  state  con- 
troller is  hereby  authorized  to  draw  warrants  upon  the  state  treasurer 
for  said  indebtedness,  salaries,  costs  and  expenses,  as  provided  by  law 
for  the  payment  of  similar  costs  and  expenses  and  the  drawing  of 
similar  warrants. 

Stream  system  investigations. 

Sec.  10.  The  state  water  commission  is  hereby  authorized  and 
empowered  to  investigate  for  the  purpose  of  this  act  all  streams,  stream 


CALItwiJ.MA    lUKlGATlON    DISTRICT   LAWS.  199 

systems,  portions  of  stream  systems,  lakes,  or  other  bodies  of  water,  and 
to  take  testimony  in  resrard  to  the  rights  to  water  or  the  use  of  water 
thereon  or  therein,  and  to  ascertain  whether  or  not  such  water,  or  any 
portion  thereof,  or  the  use  of  said  water  or  any  portion  thereof,  hereto- 
fore filed  upon  or  attempted  to  be  appropriated  by  any  person,  firm, 
association,  or  corporation,  is  appropriated  under  the  laws  of  this  state. 

Investigate  source  and  supervise  distribution  of  water. 

Sec.  10a.  The  state  water  commission  is  hereby  authorized  and 
empowered  to  conduct  investisrations  of  streams,  stream  systems,  lakes 
or  other  bodies  of  water  or  any  portions  of  any  streams,  stream  systems, 
lakes,  or  other  bodies  of  water;  to  investigate  either  or  both  surface 
and  underground  water  conditions;  to  collect  records  of  diversion  and 
use  of  water;  to  supervise  distribution  of  water  in  accordance  with 
agreements  therefor ;  and  to  do  all  or  any  of  such  work  either  independ- 
ently or  in  cooperation  with  one  or  more  persons,  firms,  associations, 
corporations  or  other  agencies,  including  county,  state,  and  federal 
agencies.     (Stats.  1925,  p.  586.) 

APPLICATIONS,  PERMITS  AND  LICENSES  TO 
APPROPRIATE  WATER. 

Waters  subject  to  appropriation. 

Sec.  11.  All  water  or  the  use  of  water  which  has  never  been  appro- 
priated, or  which  has  been  heretofore  appropriated  and  which  has  not 
been  in  process,  from  the  date  of  the  initial  act  of  appropriation,  of 
being  put,  with  due  diligence  in  proportion  to  the  magnitude  of  the 
work  necessary  properly  to  utilize  for  the  purpose  of  such  appropria- 
tion such  water  or  the  use  of  water,  or  which  has  not  been  put,  or  which 
has  ceased  to  be  put  to  some  useful  or  beneficial  purpose,  or  which  may 
hereafter  be  appropriated  and  ceased  to  be  put,  to  the  useful  or  bene- 
ficial purpose  for  which  it  was  appropriated,  or  which  in  the  future 
may  be  appropriated  and  not  be,  in  the  process  of  being  put,  from  the 
date  of  the  initial  act  of  appropriation,  to  the  useful  or  beneficial  pur- 
pose for  which  it  was  appropriated,  with  due  diligence  in  proportion  to 
the  magnitude  of  the  work  necessary  properly  to  utilize  for  the  purpose 
of  such  appropriation  such  water  or  the  use  of  water,  is  hereby  declared 
to  be  unappropriated.  And  all  waters  flowing  in  any  river,  stream, 
canyon,  ravine  or  other  natural  channel,  excepting  so  far  as  such  waters 
have  been  or  are  being  applied  to  useful  and  beneficial  purposes  upon, 
or  in  so  far  as  such  waters  are  or  may  be  rea.sonably  needed  for  useful, 
and  beneficial  purposes  upon  lands  riparian  thereto,  or  otherwise  appro- 
priated, is  and  are  hereby  declared  to  be  public  waters  of  the  State  of 
California  and  subject  to  appropriation  in  accordance  with  the  pro- 
visions of  this  act. 

Ten   years    nonuse    upon    riparian   lands    conclusive    presumption   water   not 
needed. 

If  any  portion  of  the  waters  of  any  stream  shall  not  be  put  to 
a  iLseful  or  l)eneficial  purpose  to  or  upon  lands  riparian  to  such 
stream  fur  any  continuous  period  of  ten  consecutive  years  after  the 
passage  of  this  act,  such  nonapplication  shall  be  deemed  to  be  conclusive 
presumption  that  the  use  of  such  portions  of  the  waters  of  such  stream 
i";;  not  needed  upon  said  riparian  lands  for  any  useful  or  beneficial  pur- 


200  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

pose;  and  such  portion  of  the  waters  of  any  stream  so  nonapplied, 
unless  otherwise  appropriated  for  a  useful  and  beneficial  purpose  is 
hereby  declared  to  be  in  the  use  of  the  state  and  subject  to  appropria- 
tion in  accordance  with  the  provisions  of  this  act;  provided,  however, 
that  where  there  is  pending  any  action  or  proceeding  to  condemn  any 
lands  riparian  to  any  stream  or  any  rights,  powers  or  privileges  to  use 
the  waters  of  any  stream  upon  lands  riparian  to  such  stream  or  to 
condemn  rights  essential  to  use  the  waters  of  any  stream  which  action 
or  proceeding  was  commenced  prior  to  the  sixteenth  day  of  June,  1913, 
said  period  of  ten  consecutive  years  shall  be  exclusive  of  the  period  of 
time  during  which  such  action  or  proceeding  is  pending;  and  provided, 
further,  that  where  riparian  lands  were  under  lease  on  the  thirteenth 
day  of  June,  1913,  for  a  continuous  term  of  one  year  or  more  thereafter, 
under  the  terms  of  which  lease  no  right  was  reserved  to  the  lessor  suffi- 
cient to  permit  him  to  put  the  waters  claimed  to  a  useful  or  beneficial 
purpose  as  hereinbefore  provided,  or  sufficient  to  enable  him  to  secure 
the  putting  of  the  waters  claimed  to  a  useful  or  beneficial  purpose  as 
hereinbefore  provided,  said  period  of  ten  consecutive  years  shall  be 
exclusive  of  the  period  of  time  during  which  such  lease  is  operative. 

Reservoir  systems  constituting  single  unit. 

In  any  case  where  a  reservoir  or  reservoirs  have  been  or  shall  here- 
after under  the  provisions  of  this  act  be  constructed  or  surveyed,  laid 
out  and  proposed  to  be  constructed  for  the  storage  of  water  for  a  system, 
which  water  is  to  be  used  at  one  or  more  points  under  appropriations  of 
water  heretofore  or  hereafter  made,  -which  appropriations  and  rights 
thereunder  are  now,  or  shall  hereafter  be  held  and  owned  by  the  person 
or  corporation  owning  such  reservoir  site  or  sites  and  constructing  such 
reservoir  or  reservoirs,  such  reservoir  or  reservoirs  and  appropriations 
and  rights  shall,  in  the  discretion  of  the  state  water  commission,  con- 
stitute a  single  enterprise  and  unit,  and  work  of  constructing  such 
reservoir  or  reservoirs,  or  any  of  them,  or  work  on  any  one  of  such 
appropriations  shall,  in  the  discretion  of  said  commission,  be  sufficient 
to  maintain  and  preserve  all  such  applications  for  appropriations  and 
rights  thereunder.     (Stats.  1919,  p.  513;  Stats.  1923,  p.  126.) 

Perfecting  uncompleted  appropriations  made  under  old  law. 

Sec.  12.  The  state  water  commission  shall  have  authority  to,  and 
may,  for  good  cause  shown,  upon  the  application  of  any  appropriator  or 
user  of  water  under  an  appropriation  made  and  maintained  according 
to  law  prior  to  the  passage  of  this  act,  prescribe  the  time  within  which 
the  full  amount  of  the  water  appropriated  shall  be  applied  to  a  useful 
or  beneficial  purpose;  provided,  that  said  appropriator  or  user  shall 
have  proceeded,  with  due  diligence  in  proportion  to  the  magnitude  of 
the  project,  to  carry  on  the  work  necessary  to  put  the  water  to  a  bene- 
ficial use ;  and  in  determining  said  time  said  commission  shall  grant  a 
reasonable  time  after  the  construction  of  the  works  or  canal  or  ditch  or 
conduits  or  storage  system  used  for  the  diversion,  conveyance  or  storage 
of  water;  and  in  doing  so  said  commission  shall  also  take  into  considera- 
tion the  cost  of  the  application  of  such  water  to  the  useful  or  beneficial 
purpose,  the  good  faith  of  the  appropriator,  the  market  for  water  or 
power  to  be  supplied,  the  present  demand  therefor,  and  the  income  or 


CAIilPORNIA    IRRIGATION    HISTKICT    LAWS.  201 

use  tliat  may  be  required  to  provide  fair  and  reasonable  returns  upon 
the  investment  and  any  other  facts  or  matters  pertinent  to  the  inquiry. 
Upon  prescribing  such  time  the  state  water  commission  shall  issue  a 
certificate  showing  its  determination  of  the  matter.  For  good  cause 
shown,  the  state  water  commission  may  extend  the  time  by  granting 
further  certificates.  And,  for  the  time  so  prescribed  or  extended,  the 
said  appropriator  or  user  shall  be  deemed  to  be  putting  said  water  to  a 
beneficial  use. 

Joint  occupancy  and  use  of  works  may  be  permitted. 

And  if  at  any  time  it  shall  appear  to  the  state  water  commission,  after 
a  hearing  of  the  parties  interested  and  an  investigation,  that  the  full 
capacity  of  the  works  built  or  constructed,  or  being  built  or  constructed, 
under  an  appropriation  of  water  or  the  use  thereof  made  under  the 
provisions  of  this  act  has  not  developed  or  can  not  develop  the  full 
capacity  of  the  stream  at  the  point  where  said  works  have  been  or  are 
being  built  or  constructed,  and  that  the  holder  of  the  said  appropriation 
will  not  or  can  not,  within  a  period  deemed  to  be  reasonable  by  the 
commission,  develop  the  said  stream  at  said  point  to  such  a  capacity  as 
the  commission  deems  to  be  required  by  the  public  good,  then  and  in 
that  case  the  said  commission,  in  its  discretion,  may  permit  the  joint 
occupancy  and  use,  with  the  holder  of  the  appropriation,  to  the  extent 
necessary  to  develop  the  stream  to  its  full  capacity  or  to  such  portion 
of  said  capacity  as  may  appear  to  the  state  water  commission  to  be 
advisable,  by  any  and  all  persons,  firms,  associations,  or  corporations 
applying  therefor,  of  any  dam,  tunnel,  diversion  works,  ditch,  or  other 
works  or  constructions  already  built  or  constructed  or  in  process  of  being 
built  or  constructed  under  this  act ;  provided,  that  said  commission  shall 
take  into  consideration  the  reasonable  cost  of  the  original  and  new  work, 
the  good  faith  of  the  applicant,  the  market  for  water  or  power  to  be 
supplied  by  the  original  and  the  new  work,  and  the  income  or  use  that 
may  be  required  to  provide  fair  and  reasonable  returns  upon  such  cost ; 
provided,  further,  that  the  applicant  or  applicants  shall  be  required  to 
pay  to  the  party  or  parties  owning  said  dam,  tunnel,  diversion  works, 
ditch,  or  other  works  or  constructions  a  pro  rata  portion  of  the  total 
cost  of  the  old  and  the  new  works,  said  pro  rata  portion  to  be  based  upon 
the  proportion  of  the  water  used  by  the  original  and  the  subsequent 
users  of  said  dam,  tunnel,  diversion  works,  ditch,  or  other  works  or 
constructions,  if  the  water  is  used  or  to  be  used  for  irrigation  or 
domestic  purposes ;  or,  if  the  water  is  used  or  to  be  used  for  the  genera- 
tion of  electricity  or  electrical  or  other  power,  the  said  pro  rata  portion 
shall  be  based  upon  the  relative  amount  of  electricity  or  electrical  or 
other  power  capable  of  being  developed  by  the  original  and  the  new 
works ;  or,  if  a  portion  of  the  water  utilized  under  a  .ioint  occupancy  of 
any  dam,  tunnel,  diversion  works,  ditch  or  other  works  or  construction, 
shall  be  used  for  the  purpose  of  irrigation  and  another  portion  of  said 
water  shall  be  used  for  the  generation  of  electricity  or  electrical  or 
other  power,  then  and  in  that  case  the  applicant  or  applicants  for  joint 
occupancy  shall  be  required  to  pay  to  the  party  or  parties  owning  said 
dam,  tunnel,  diversion  works,  ditch,  or  other  works  or  constructions  a 
pro  rata  portion  of  the  total  cost  of  the  old  and  new  works,  said  pro 
rata  portion  to  be  based  upon  the  proportion  of  the  relative  amount  of 


202  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

water  used  by  each  joint  occupant  and  the  income  derived  by  each  said 
joint  occupant  from  said  joint  occupancy ;  or,  if  any  of  the  waters  used 
under  such  joint  occupancy  shall  be  utilized  for  purposes  other  than 
those  specified  above,  then  and  in  that  case  the  applicant  or  applicants 
for  such  joint  occupancy  shall  be  required  to  pay  to  the  party  or  parties 
owning  said  dam,  tunnel,  diversion  works,  ditch,  or  other  works  or  con- 
structions, such  a  pro  rata  portion  of  the  total  cost  of  the  old  and  new 
works  as  shall  appear  to  the  state  water  commission  to  be  just  and 
equitable.  Said  applicant  or  applicants  shall  also  be  required  to  pay 
a  proper  pro  rata  share,  based  as  above,  of  the  cost  of  maintaining  said 
dam,  tunnel,  diversion  works,  ditch  or  other  works  or  constructions,  on 
and  after  beginning  the  occupancy  and  use  thereof. 

Enlargement  by  new  applicant  and  joint  occupancy  permitted. 

Furthermore,  the  state  water  commission  if  it  appears  to  the  said  com- 
mission that  the  full  capacity  of  the  works  built  or  constructed,  or  being 
built  or  constructed,  under  an  appropriation  of  water  or  the  use  thereof 
under  this  act,  will  not  develop  the  full  capacity  of  the  stream  at  that 
point,  and  it  appears  to  the  commission  that  the  public  good  requires  it, 
and  the  commission  specifically  so  finds  after  investigation  and  hearing 
of  the  parties  interested,  may  permit  any  person,  firm,  association  or 
corporation  to  repair,  improve,  add  to,  supplement,  or  enlarge,  at  his 
or  its  proper  cost,  charge  and  expense,  any  dam,  tunnel,  diversion  works, 
ditch,  or  other  Avorks  or  constructions  already  built  or  constructed  or  in 
process  of  being  built  or  constructed  under  the  provisions  of  this  act, 
and  to  use  the  same  jointly  with  the  owners  thereof;  provided,  that  the 
said  repairing,  improving,  adding  to,  supplementing,  or  enlarging  shall 
not  materially  interfere  with  the  proper  use  thereof  by  the  owner  of 
said  dam,  tunnel,  diversion  works,  ditch,  or  other  works  or  constructions 
or  shall  not  materially  injure  said  dam,  tunnel,  diversion  works,  ditch 
or  other  works  or  constructions.  And  the  state  water  commission  shall 
determine  the  pro  rata  and  other  costs  provided  for  in  this  section. 

Rights  shall  be  determined  as  provided  in  act. 

Sec.  13.  All  rights  granted  or  declared  by  this  act  shall  be  ascer- 
tained, adjudicated  and  determined  in  the  manner  and  by  the  tribunals 
as  provided  in  this  act. 

No  rights  bestowed  except  as  provided  in  act. 

Sec.  14.  This  act  shall  not  be  held  to  bestow,  except  as  expressly 
provided  in  this  act,  upon  any  person,  firm,  association  or  corporation 
any  right  where  no  such  right  existed  prior  to  the  time  this  act  takes 
effect. 

Declaration  of  policy  regarding  action  on  applications. 

Sec.  15.  The  state  water  commission  shall  allow,  under  the  provi- 
sions of  this  act,  the  appropriation  for  beneficial  purposes  of  unappro- 
priated water  under  sut'h  terms  and  conditions  as  in  the  Judgment  of 
the  commission  will  best  develop,  conserve  and  utilize  in  the  public 
Interest  tlio  water  sought  to  be  appropriated.  It  is  hereby  declared  to 
be  the  established  policy  of  this  state  that  the  use  of  water  for  domestic 
purposes  is  the  highest  use  of  water  and  that  the  next  highest  use  is  for 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  203 

irrigation.  In  acting  upon  applications  to  appropriate  water  the  com- 
mission shall  be  guided  by  the  above  declaration  of  policy.  The  commis- 
sion shall  reject  an  application  when  in  its  judgment  the  proposed 
appropriation  would  not  best  conserve  the  public  interest.  (Stats. 
1917,  p.  194;  Stats.  1921,  p.  443.) 

Appropriations  on  interstate  streams. 

Sec.  15a.  The  state  water  commission  shall  allow  the  appropriation 
of  water  in  this  state  for  beneficial  use  in  another  state  only  when, 
under  the  laws  of  the  latter,  water  may  be  lawfully  diverted  therein  for 
beneficial  use  in  the  State  of  California.  Upon  any  stream  flowing 
across  the  state  boundary  a  right  of  appropriation  having  the  point  of 
diversion  and  the  place  of  use  in  another  state  and  recognized  by  the 
laws  of  that  state,  shall  have  the  same  force  and  effect  as  if  the  point 
of  diversion  and  the  place  of  use  were  in  this  state ;  provided,  that  the 
laws  of  that  state  give  like  force  and  effect  to  similar  rights  acquired  in 
this  state.     (Stats.  1917,  p.  284.) 

Applications  to  appropriate  water. 

Sec.  16.  Every  application  for  a  permit  to  appropriate  water  shall 
set  forth  the  name  and  post-office  address  of  the  applicant,  the  source 
of  water  supply,  the  nature  and  amount  of  the  proposed  use,  the  loca- 
tion and  description  of  the  proposed  headworks,  ditch,  canal  and  other 
works;  the  proposed  place  of  diversion  and  the  place  where  it  is 
intended  to  use  the  water ;  the  time  within  which  it  is  proposed  to  begin 
construction,  the  time  required  for  completion  of  the  construction,  and 
the  time  for  tlie  complete  application  of  the  water  to  the  proposed  use. 
If  for  agricultural  purposes,  the  application  shall,  besides  the  above 
general  requirements,  give  the  legal  subdivisions  of  the  land  and  the 
acreage  to  be  irrigated,  as  near  as  may  be ;  if  for  power  purposes,  it 
shall  give,  besides  the  general  requirements  prescribed  above,  the  nature 
of  the  works  by  means  of  which  the  power  is  to  be  developed,  the  head 
and  amount  of  water  to  be  utilized,  and  the  use  to  which  the  power  is 
to  be  applied ;  if  for  storage  in  a  reservoir,  it  shall  give,  in  addition  to 
the  general  requirements  prescribed  above,  the  height  of  dam,  the 
capacity  of  reservoir,  and  the  use  to  be  made  of  the  impounded  waters, 
except,  that  for  storage  underground  these  additional  requirements  as 
to  height  of  dam  and  capacity  of  reservoir  shall  be  given  as  near  as 
may  be ;  if  for  municipal  water  supply,  it  shall  give,  besides  the  general 
requirements  specified  above,  the  present  population  to  be  served,  and, 
as  near  as  may  be,  the  future  requirements  of  the  city ;  if  for  mining 
purposes,  it  shall  give,  in  addition  to  the  general  requirements  pre- 
scribed above,  the  nature  and  location  of  the  mines  to  be  served  and  the 
methods  of  supplying  and  utilizing  the  water.  All  applications  shall 
be  accompanied  by  as  many  copies  of  such  maps,  drawings,  and  other 
data  as  may  be  prescribed  or  required  by  the  state  water  commission, 
and  such  maps,  drawings,  and  other  data  shall  be  considered  as  part 
of  the  application. 

Notice  of  application. 

As  soon  as  practicable  after  the  receipt  of  an  application  for  a  permit 
to  appropriate  water  the  state  water  commission  shall  issue  a  notice  of 
the  application  which  notice  shall  be  in  such  form  as  it  may  prescribe 


204  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

and  shall  specify  the  number  of  the  application,  the  name  and  address 
of  the  applicant,  the  date  of  filing,  the  source  of  supply,  the  amount 
applied  for,  the  diversion  season  named,  the  use  to  be  made,  the  location 
of  the  point  of  diversion,  the  location  of  the  place  of  use,  the  date  of 
issuance  thereof  and  such  other  information  as  the  state  water  commis- 
sion may  deem  necessary ;  said  notice  shall  state  that  protests  against 
the  approval  of  said  application  may  be  filed  within  sixty  days  from  the 
date  of  issuance  of  said  notice  or  within  such  further  tiifte  as  the  state 
water  commission  may,  for  good  cause  shown,  allow;  and  said  notice 
shall  contain  appropriate  general  information  as  to  what  protests 
against  the  approval  of  said  application  shall  contain  in  order  to  accord 
with  the  requirements  of  law  and  the  rules  and  regulations  of  the  water 
commission.  Upon  receipt  of  notice  of  an  application  applicant  shall 
forthwith  cause  same  to  be  published  as  directed  by  the  water  com- 
mission: said  notice  shall  be  published  at  the  expense  of  the  applicant 
within  fifteen  days  of  the  date  of  issuance  of  said  notice  and  in  a  news- 
paper having  a  general  circulation  and  published  within  the  county 
where  the  point  of  diversion  or  a  point  of  diversion  lies  but  in  ease 
there  is  no  newspaper  published  within  the  county  then  said  publica- 
tion of  notice  shall  be  made  in  a  newspaper  having  a  general  circula- 
tion within  said  county;  and  publication  of  said  notice  shall  be  made 
at  least  once  a  week  for  three  consecutive  weeks  and  proof  thereof  shall 
be  filed  by  the  applicant  within  sixty  days  from  the  date  of  issuance  of 
said  notice  and  shall  be  by  copy  of  the  notice  as  published  attached  to 
and  made  a  part  of  the  affidavit  of  the  publisher  or  foreman  of  the 
newspaper  publishing  same ;  provided,  however,  that  notice  of  an  appli- 
cation for  three  cubic  feet  per  second  or  less  or  for  two  hundred  acre 
feet  of  storage  per  annum  or  less  shall  be  given  by  posting  and  mailing. 
Upon  the  date  of  issuance  of  notice  of  such  an  application  the  state 
water  commission  shall  mail  three  copies  thereof  to  the  applicant  by 
registered  mail  and  shall  also  send  a  copy  by  registered  mail  to  each 
party  who  may  be  known  to  said  commission  and  in  its  judgment  inter- 
ested in  said  application  because  of  ownership  or  location  within  the 
vicinity  of  said  proposed  appropriation.  Applicant  shall  post  notice 
within  fifteen  days  of  the  date  of  issuance  thereof  in  at  least  two  con- 
spicuous places  in  the  locality  to  be  affected  by  said  proposed  appro- 
priation. Notices  given  by  mailing  and  posting  shall  state  that  protests 
may  be  filed  within  forty  days  from  date  thereof  or  within  such  further 
time  as  the  state  water  commission  may,  for  good  cause  shown,  allow. 
Proof  of  posting  shall  be  by  affidavit  of  the  applicant  or  the  party  post- 
ing notice  on  behalf  of  applicant  and  shall  be  filed  within  forty  days 
from  date  of  issuance  of  notice. 

Protests. 

Any  person,  firm,  association,  or  corporation  interested  may  within 
the  time  allowed  in  the  notice  of  application  or  within  such  further 
time  as  may,  for  good  cause  shown,  be  allowed  by  said  water  commission 
file  with  said  commission  a  written  protest  against  the  approval  of  said 
application,  which  protest  shall  state  the  name  and  address  of  the  pro- 
testant;  shall  be  signed  by  the  protestant,  his  agent  or  attorney;  shall 
clearly  set  forth  the  protestant 's  objections  to  the  approval  of  the  appli- 
cation ;  and  shall  contain  such  other  appropriate  information  and  be  in 


CALIFORNIA    IRRIGATION   DISTRICT    LAWS.  205 

such  form  as  may  be  provided  in  the  rules  and  resrulations  of  said 
water  commission. 

Notice  of  hearing. 

A  notice  of  hearing  upon  a  protested  application  shall  be  given  by 
mailing  notice  not  less  than  twenty  days  before  the  date  of  hearing  and 
shall  be  mailed  to  both  the  applicant  and  protestant  by  registered  mail 
and  shall  state  the  names  of  parties  applicant  and  protestant,  the  time 
and  place  fixed  for  the  hearing  and  such  other  appropriate  information 
as  may  be  deemed  advisable  by  the  state  water  commission. 

Change  of  point  of  diversion  or  place  of  use. 

At  any  time  after  notice  of  an  application  is  given  as  above  provided, 
if  an  applicant,  permittee  or  licensee  desires  to  change  the  point  of 
diversion  or  place  of  use  from  the  point  of  diversion  or  place  of  use 
specified  in  the  application,  permit  or  license,  such  change  may  be 
made  only  upon  the  permission  of  the  state  water  commission ;  provided, 
that  before  granting  such  permission,  such  petitioner  must  establish,  to 
the  satisfaction  of  the  state  water  commission,  and  such  commission 
must  so  find  that  such  change  in  the  point  of  diversion,  or  place  of  use 
will  not  operate  to  the  injury  of  any  legal  user  of  such  waters  before 
permitting  such  change  in  the  point  of  diversion  or  place  of  use.  After 
filing  a  petition  for  permission  to  make  such  a  change,  the  petitioner, 
in  case  the  commission  so  requires,  shall  cause  notice  thereof  to  be  given 
or  published  in  such  manner  as  may  be  prescribed  by  the  commission 
and  if  at  any  time  prior  to  the  granting  of  such  permission  a  protest  is 
filed  with  the  state  water  commission  against  allowance  of  the  proposed 
change  in  point  of  diversion,  or  place  of  use,  the  state  water  commis- 
sion shall  fix  a  time  and  place  for  the  hearing  of  said  petition  and  of 
the  objections  thereto,  and  upon  such  hearing  the  said  commission 
shall  grant  or  refuse,  as  the  facts  shall  warrant,  such  permission  to 
change  the  point  of  diversion  or  place  of  use.  (Stats.  1921,  p.  444; 
Stats.  1925,  p.  586.) 

PERMIT  TO  DIVERT  WATER. 

Permit.     Priority  right.     Amended  application. 

Sec.  17.  Any  person,  firm,  association  or  corporation  msiy  apply 
for  and  secure  from  the  state  water  commission,  in  conformity  with 
this  act  and  in  conformity  with  reasonable  rules  and  regulations 
adopted  from  time  to  time  by  the  state  water  commission,  a  permit  for 
any  unappropriated  water  or  for  water  which  having  been  appropriated 
or  used  flows  back  into  a  stream,  lake  or  other  body  of  water  within 
this  state.  And  any  application  so  made  shall  give  to  the  applicant  a 
priority  of  right  as  of  the  date  of  said  application  to  such  water  or  the 
use  thereof  until  such  application  shall  have  been  approved  or  rejected 
by  said  commission ;  provided,  that  such  priority  shall  continue  only  so 
long  as  the  provisions  of  law  and  the  rules  and  regulations  of  the  water 
commission  shall  be  followed  by  the  applicant.  Upon  the  approval  of 
any  application  by  the  commission,  said  approval  shall  give  priority  of 
right  as  of  the  date  of  said  application  and  shall  give  the  right  to  take 
and  use  the  amount  of  water  specified  in  said  approval  until  the  issu- 
ance by  the  state  water  commission  of  a  license  for  the  use  of  said 
amount  of  water,  or  until  the  said  commission  refuses  to  issue  said 
license.     But  the  approval  of  any  application  shall  give  the  right  to 


206  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

take  and  use  water  only  to  the  extent  and  for  the  purpose  allowed  in 
said  approval ;  provided,  that  any  defective  application  made  in  a  bona 
fide  attempt  to  conform  to  the  rules  and  regulations  of  the  state  water 
commission  and  to  the  law  shall  secure  to  the  applicant  a  priority  of 
right  as  of  the  date  of  said  application  ilntil  he  shall  have  been  notified 
by  said  commission  in  what  respect  his  application  is  defective.  And 
said  applicant  shall  be  allowed  sixty  days  after  notice  of  such  defect 
in  which  to  file  an  amended  and  perfected  application.  If,  within  said 
sixty  days,  said  applicant  shall  not  file  an  amended  and  perfected 
application,  said  application  shall  be  rejected  and  cancelled,  unless  for 
good  cause  shown  the  state  water  commission  shall  allow  said  applicant 
to  file  a  further  amended  and  perfected  application;  provided,  also, 
that  any  priority  of  right  secured  under  this  section  shall  not  be  effec- 
tive for  more  than  thirty  days  after  service  of  notice  of  such  approval, 
personally  or  by  registered  mail,  on  the  applicant,  unless  within  said 
period  of  thirty  days  the  fees  due  upon  issuance  of  said  approval  or 
permit  as  provided  in  this  act  are  paid  to  the  state  water  commission, 
and  unless  said  payment  of  fees  shall  have  been  made  within  said  time 
the  state  water  commission  shall  forthwith  revoke  said  approval  or  per- 
mit and  reject  said  application.     (Stats.  1925,  p.  586.) 

Beginning  of  construction.    Revocation  of  permit.     Review  of  order. 

Sec.  18.  Actual  construction  work  upon  any  project  shall  begin 
within  such  time  after  the  date  of  the  approval  of  the  application  as 
shall  be  specified  in  said  approval,  which  time  shall  not  be  less  than 
sixty  days  from  date  of  said  approval,  and  the  construction  of  the  work 
thereafter  and  the  utilization  of  water  for  beneficial  purposes  shall  be 
prosecuted  with  due  diligence  in  accordance  with  this  act,  the  terms 
of  the  approved  application,  and  the  rules  and  regulations  of  said  com- 
mission; and  said  work  shall  be  completed  and  the  water  applied  to 
beneficial  use  in  accordance  with  law,  the  rules  and  regulations  of  the 
state  water  commission,  and  the  terms  of  the  approved  application  and 
within  a  period  specified  in  the  permit ;  but  the  period  specified  in  the 
pcmit  for  beginning  construction  work  or  the  period  specified  in  the 
permit  for  completion  of  construction  work,  or  the  period  specified  in 
the  permit  for  application  of  the  water  to  beneficial  use  or  any  or  all  of 
these  periods  may,  for  good  cause  shown,  be  extended  by  the  state  water 
commission. 

Revocation  of  permit. 

And  if-  such  work  be  not  so  commenced,  prosecuted  and  completed, 
or  the  water  applied  to  beneficial  use  as  contemplated  in  the  permit, 
the  water  commission  shall,  after  notice  in  writing  and  mailed  in  a 
sealed,  postage-prepaid  and  registered  letter  addressed  to  the  applicant 
at  the  address  given  in  his  application  for  a  permit  to  appropriate 
water,  and  a  hearing  before  the  commission,  revoke  its  approval  of  the 
application.  But  any  applicant,  the  approval  of  whose  application  shall 
liave  been  thus  revoked,  shall  liave  the  right  to  bring  an  action  in  the 
superior  court  of  the  county  in  wliich  is  situated  the  point  of  proposed 
diversion  of  the  water  for  a  review  of  the  order  of  the  commission 
revoking  said  approval  of  the  application.  And  tliirty  days  after  the 
revocation  of  said  permit  all  rights  of  the  said  permittee  under  said 
permit  shall  cease  and  lapse,  unless  said  permittee  shall  within  said 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  207 

thirty  days  after  said  revocation  bring  an  action  in  the  superior  court 
for  a  review  of  the  order  of  revocation.  The  priority  of  right  of  any 
permittee  so  bringing  an  action  shall  continue  under  said  permit  until 
a  final  judgment  is  rendered  as  to  the  reasonableness  of  the  revocation 
of  said  permit.  But  until  and  unless  the  revocation  of  the  permit  shall 
be  finally  decreed  by  such  court,  the  permittee  shall  not  take  or  use 
any  of  the  water  the  right  to  take  and  use  which  is  granted  by  said 
permit.     (Stats.  1925,  p.  586.) 

Report  of  completion  of  works.  License  to  take  water.  License  may  be 
refused. 
Sec.  19.  Immediately  upon  completion,  in  accordance  with  law,  the 
rules  and  regulations  of  the  state  water  commission,  and  the  terms  of 
the  permit,  of  the  project  under  such  application,  the  holder  of  a  per- 
mit for  the  right  to  appropriate  water  shall  report  said  completion  to 
the  state  water  commission.  The  said  commission  shall  as  soon  as  prac- 
ticable thereafter  cause  to  be  made  a  full  inspection  and  examination 
of  the  works  constructed  and  the  use  of  water  therefrom,  and  shall 
determine  whether  the  construction  of  said  works  and  the  use  of  water 
therefrom  is  in  conformity  with  law,  the  terms  of  the  approved  appli- 
cation, the  rules  and  regulations  of  the  state  water  commission,  and  the 
permit.  The  said  water  commission  shall,  if  said  determination  is 
favorable  to  the  applicant,  issue  a  license  which  shall  give  the  right  to 
the  diversion  of  such  an  amount  of  water  as  has  been  found  by  inspec- 
tion to  have  been  applied  to  beneficial  use.  Said  license  shall  be  in 
such  form  and  shall  contain  such  terms  as  may  be  prescribed  by  the 
state  water  commission  under  the  provisions  of  this  act. 

Revocation  of  license. 

But  if  the  said  commission  shall  find,  upon  inspection  and  examina- 
tion of  the  works  constructed  and  the  use  of  water  therefrom,  that  the 
construction  and  condition  of  said  works  and  the  use  of  water  therefrom 
are  not  in  conformity  with  the  law,  the  rules  and  regulations  of  the 
state  water  commission,  the  terms  of  the  approved  application  and 
the  terms  of  the  permit,  then  and  in  that  case  the  said  commission  may, 
after  due  notice  in  writing  and  in  the  manner  provided  in  sections  one 
thousand  eleven,  one  thousand  twelve,  and  one  thousand  thirteen  of 
the  Code  of  Civil  Procedure  to  the  applicant  or  the  holder  of  the  per- 
mit, and  a  public  hearing  thereon,  refuse  to  issue  said  license.  And 
thirty  days  after  the  refusal  of  said  commission  to  issue  said  license  all 
rights  of  the  applicant  and  the  holder  of  the  permit  under  said  appli- 
cation and  permit  shall  lapse  and  cease.  But  the  holder  of  any  permit 
to  whom  the  said  water  commission  may  have  refused  to  issue  said 
license,  shall  have  the  right  to  bring  an  action  \dthin  thirty  days  after 
the  said  refusal,  in  the  superior  court  to  review  said  order  and  to  obtain 
a  decree  requiring  the  issuance  of  such  license.  And  the  rights  of  the 
holder  of  any  permit  so  bringing  an  action  shall  continue  under  said 
permit  until  the  decree  in  such  action  has  been  entered  and  become 
final.  But  until  the  refusal  of  the  commission  to  issue  said  license  shall 
be  finally  determined  by  the  courts,  the  permittee  shall  not  take  or  use 
any  of  the  water,  the  taking  and  using  of  which  is  granted  to  him  by 
said  permit.  And  if  the  holder  of  any  permit  which  has  been  revoked 
by  the  state  water  commission  shall  not  bring  an  action  within  said 


208  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

thirty  days  in  the  superior  court  to  determine  the  validity  of  said 
revocation,  then  and  in  that  case  all  rights  of  the  applicant  and  of  the 
holder  of  said  permit  shall  lapse  and  cease. 

Filing  of  copy  of  license  with  county  recorder. 

In  every  case  wherein  a  license  for  the  appropriation  of  water  shall 
have  been  issued  by  the  state  water  commission  prior  to  September  1, 
1925,  it  shall  be  the  duty  of  said  commission  to  file  a  true  copy  of  said 
license  in  the  office  of  the  county  recorder  of  that  certain  county 
wherein  the  point  of  diversion  specified  in  said  license  lies  or  in  ease 
there  are  points  of  diversion  lying  in  more  than  one  county  then  in  each 
of  those  counties  wherein  a  point  of  diversion  lies  and  in  case  the  place 
or  places  of  use  specified  in  said  license  are  in  different  counties  than 
the  point  or  points  of  diversion  then  a  true  copy  of  said  license  shall 
also  be  filed  by  the  state  water  commission  in  the  county  or  counties 
wherein  the  place  or  places  of  use  .lie.  Also,  as  to  those  licenses  issued 
prior  to  September  1,  1925,  it  shall  be  the  duty  of  the  state  water  com- 
mission to  file  with  the  respective  county  recorders  true  copies  of  all 
orders  allowing  a  change  in  point  of  diversion  or  place  of  use,  revoking 
a  license,  or  otherwise  affecting  a  license  which  may  have  been  entered 
by  said  commission  prior  to  September  1,  1925. 

As  to  licenses  for  the  appropriation  of  water  issued  by  the  state  water 
commission  on  or  after  September  1,  1925,  a  true  copy  of  each  license 
issued  or  of  each  order  allowing  a  change  in  point  of  diversion  or  place 
of  use  or  otherwise  modifying  or  changing  a  license  shall  within  thirty 
days  after  service  of  notice  thereof  upon  the  licensee,  either  personally 
or  by  registered  mail,  be  filed  bj'  said  licensee  in  the  office  of  the 
recorder  of  that  certain  county  wherein  the  point  of  diversion  specified 
in  said  license  lies  or  in  case  there  are  points  of  diversion  lying  in  more 
than  one  county  then  in  each  of  those  counties  wherein  a  point  of  diver- 
sion lies  and  in  case  the  place  or  places  of  use  specified  in  said  license 
are  in  different  counties  than  the  point  or  points  of  diversion  then  a 
true  copy  of  said  license  or  order  shall  also  be  filed  by  said  licensee  in 
the  county  or  counties  wherein  the  place  or  places  of  use  lie ;  provided, 
however,  that  whenever  an  order  revoking  a  license  in  whole  or  in  part 
shall  have  become  final  a  true  copy  of  said  order  revoking  said  license 
in  whole  or  in  part  shall  be  filed  promptly  by  the  state  water  commission 
in  the  office  or  offices  wherein  a  copy  of  the  license  affected  is  on  file 
or  in  case  the  order  of  revocation  shall  have  been  modified  by  a  court 
the  order  as  finally  decreed  by  the  court  shall  be  filed  as  herein  pro- 
vided. Whenever  a  copy  is  to  be  filed  by  the  licensee,  a  certificate  of 
such  filing  by  the  county  recorder  shall  be  filed  with  the  state  water 
commission  by  or  on  behalf  of  said  licensee  within  fifteen  days  after 
said  filing  and  if  the  filings  herein  provided  for  be  not  made  by  said 
licensee  or  on  his  behalf  as  directed  all  rights  of  appropriation  under 
the  license  affected  shall  cease  and  determine  and  the  state  water  com- 
mission shall  forthwith  enter  its  order  revoking  said  license.  (Stats. 
1925,  p.  586.) 

Conditions  and  limitations  of  permits  and  licenses.  , 

Sec.  20.  All  permits  and  liienses  for  the  appropriation  of  water 
shall  be  under  the  terms  and  conditions  of  this  act,  and  shall  be  effective 
for  such  time  as  the  water  actually  appropriated  under  such  permits 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS,  209 

and  licenses  shall  actually  be  used  for  the  useful  and  beneficial  purpose 
for  which  said  water  was  appropriated,  but  no  longer;  and  every  such 
permit  or  license  shall  include  the  enumeration  of  conditions  therein 
which  in  substance  shall  include  all  of  the  provisions  of  this  section  and 
likewise  the  statement  that  any  appropriator  of  water,  to  whom  said 
permit  or  license  may  be  issued,  shall  take  the  same  subject  to  such 
conditions  as  therein  expressed;  provided,  that  at  any  time  after  the 
expiration  of  twenty  years  after  the  granting  of  a  license,  the  state  or 
any  city,  city  and  county,  municipal  water  district,  irrigation  district, 
lighting  district,  or  any  political  subdivision  of  the  state  shall  have  the 
right  to  purchase  the  works  and  property  occupied  and  used  under  said 
license  and  the  works  built  or  constructed  for  the  enjoyment  of  the 
rights  granted  under  said  license ;  and  in  the  event  that  the  said  state, 
city,  city  and  county,  municipal  water  district,  irrigation  district,  light- 
ing district  or  political  subdivision  of  the  state  so  desiring  to  purchase 
and  the  said  owner  of  said  works  and  property  can  not  agree  upon  said 
purchase  price,  said  price  shall  be  determined  in  such  manner  as  is  now 
or  may  hereafter  be  determined  in  eminent  domain  proceedings. 

Revocation  of  permit  or  license  for  failing  or  ceasing  to  put  water  to  beneficial 
use  in  accordance  with  terms  thereof. 

If  it  shall  appear  to  the  state  water  commission  at  any  time  after  a 
permit  or  license  is  issued  as  in  this  act  provided  that  the  permittee  or 
licensee,  or  the  heirs,  successors,  or  assigns,  of  said  permittee  or  licensee, 
has  not  put  the  water  granted  under  said  permit  or  license  to  the  useful 
or  beneficial  purpose  for  which  the  permit  or  license  was  granted,  or 
that  the  permittee  or  licensee,  or  the  heirs,  successors,  or  assigns  of  said 
permittee  or  licensee,  has  ceased  to  put  said  water  to  such  useful  or 
beneficial  purpose,  or  that  the  permittee  or  licensee,  or  the  heirs,  suc- 
cessors or  assigns  of  said  permittee  or  licensee,  has  failed  to  observe  any 
of  the  terms  and  conditions  in  the  permit  or  license  as  issued,  then  and 
in  that  case  the  said  commission,  after  due  notice  to  the  permittee, 
licensee,  or  the  heirs,  successors  or  assigns  of  such  permittee  or  licensee, 
and  a  hearing  thereon,  may  revoke  said  permit  or  license  and  declare 
the  water  to  be  unappropriated  and  open  to  further  appropriation  in 
accordance  with  the  terms  of  this  act.  The  findings  and  declaration  of 
said  commission  shall  be  deemed  to  be  prima  facie  correct  until  modified 
or  set  aside  by  a  court  of  competent  jurisdiction;  provided,  that  any 
action  brought  so  to  modify  or  set  aside  such  finding  or  declaration  must 
be  commenced  within  thirty  days  after  the  service  of  notice  of  said 
revocation  on  said  permittee  or  licensee,  his  heirs,  successors  or  assigns. 

Value  of  rights  limited  to  actual  amount  paid  to  state. 

And  every  licensee  or  permittee  under  the  provisions  of  this  act  if  he 
accepts  such  permit  or  license  shall  accept  the  same  under  the  conditions 
precedent  that  no  value  whatsoever  in  excess  of  the  actual  amount  paid 
to  the  state  therefor  shall  at  any  time  be  assigned  to  or  claimed  for  any 
permit  or  license  granted  or  issued  under  the  provisions  of  this  act,  or 
for  any  rights  granted  or  acquired  under  the  provisions  of  this  act,  in 
respect  to  the  regulation  by  any  competent  public  authority  of  the 
services  or  the  price  of  the  services  to  be  rendered  by  any  permittee  or 

14—40508 


210  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

licensee,  his  heirs,  successors  or  assigns  or  by  the  holder  of  any  rights 
granted  or  acquired  under  the  provisions  of  this  act,  or  in  respect  to 
any  valuation  for  purposes  of  sale  to  or  purchase,  whether  through  con- 
demnation proceedings  or  otherwise,  by  the  state  or  any  city,  city  and 
county,  municipal  water  district,  irrigation  district,  lighting  district  or 
any  political  subdivision  of  the  state,  of  the  rights  and  property  of  any 
permittee  or  licensee,  or  the  possessor  of  any  rights  granted,  issued  or 
acquired  under  the  provisions  of  this  act. 

Applications  by  municipalities  for  domestic  use. 

The  application  for  a  permit  by  municipalities  for  the  use  of  water 
for  said  municipalities  or  the  inhabitants  thereof  for  domestic  purposes 
shall  be  considered  first  in  right,  irrespective  of  whether  they  are  first 
in  time;  provided,  however,  that  such  application  for  a  permit  or  the 
granting  thereafter  of  permission  to  any  municipality  to  appropriate 
waters,  shall  not  authorize  the  appropriation  of  any  water  for  other 
than  municipal  purposes;  and  providing,  further,  that  where  permis- 
sion to  appropriate  is  granted  by  the  state  water  commission  to  any 
municipality  for  any  quantity  of  water  in  excess  of  the  existing 
municipal  needs  therefor,  that  pending  the  application  of  the  entire 
appropriation  permitted,  the  state  water  commission  shall  have  the 
power  to  issue  permits  for  the  temporary  appropriation  of  the  excess 
of  such  permitted  appropriation  over  and  above  the  quantity  being 
applied  from  time  to  time  by  such  municipality ;  and  providing,  further, 
that  in  lieu  of  the  granting  of  such  temporary  permits  for  appropria- 
tion, the  state  water  commission  may  authorize  such  municipality  to 
become  as  to  such  surplus  a  public  utility,  subject  to  the  jurisdiction 
and  control  of  the  railroad  commission  of  the  State  of  California  for 
such  period  or  periods  from  and  after  the  date  of  the  issuance  of  such 
permission  to  appropriate,  as  may  be  allowed  for  the  application  to 
municipal  uses  of  the  entire  appropriation  permitted;  and  vrovided, 
further,  that  when  such  municipality  shall  desire  to  use  the  additional 
water  granted  in  its  said  application  it  may  do  so  upon  making  just 
compensation  for  the  facilities  for  taking,  conveying  and  storing  such 
additional  water  rendered  valueless  for  said  purposes,  to  the  person, 
firm  or  corporation  which  constructed  said  facilities  for  the  temporary 
use  of  said  excess  waters,  and  which  compensation,  if  not  agreed  upon 
between  the  municipality  and  said  person,  firm  or  corporation,  may  be 
determined  in  the  manner  provided  by  law  for  determining  the  value 
of  property  taken  by  and  through  eminent  domain  proceedings.  ( Stats. 
1917,  p.  746.) 

Forfeiture  of  rights  by  three  years  non-use. 

Sec.  20a.  When  the  party  entitled  to  the  use  of  water  fails  to  bene- 
ficially use  all  or  any  part  of  the  water  claimed  by  him,  for  which  a 
right  of  use  has  vested,  for  the  purpose  for  which  it  was  appropriated  or 
adjudicated,  for  a  period  of  three  years,  such  unused  water  shall  revert 
to  the  public  and  shall  be  regarded  as  unappropriated  public  water. 
(Stats.  1917,  p.  746.) 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  211 

Rights  of  state,  etc.,  under  eminent  domain  not  limited  by  this  act. 

Sec.  21.  Nothing  herein  contained  shall  be  construed  to  deprive  the 
state  or  any  city,  city  and  county,  municipal  water  district,  irrigation 
district,  lighting  district  or  political  subdivision  of  the  state,  or  any 
person,  company  or  corporation  of  any  rights  which,  under  the  law  of 
this  state  they  may  have,  to  acquire  property  by  or  through  eminent 
domain  proceedings. 

FEES. 
State  has  right  to  enforce  license  fees. 

Sec.  22.  Licenses  hereafter  granted  for  water  or  use  of  water  shall 
be  subject  to  the  right  of  the  state  to  impose  the  fees  and  charges  pro- 
vided in  this  act. 

Fees  on  applications. 

Sec.  23.  Every  person,  firm,  association  or  corporation  making 
application  for  a  permit  to  appropriate  water  or  the  use  of  water  under 
this  act  shall  pay  to  the  state  water  commission  at  the  time  of  filing 
said  application  a  filing  fee  in  the  sum  of  five  dollars. 

Not  later  than  five  days  after  receipt  of  such  an  application  the  state 
water  commission  shall  notify  the  applicant  by  registered  mail  of  the 
further  amount  of  fee,  if  any,  due  under  the  schedule  of  fees  herein- 
after stated,  and  if  there  is  a  further  amount  due  and  said  amount  is 
not  received  within  thirty  days  after  the  date  of  filing  said  application 
in  the  ofiice  of  the  state  water  commission  said  application  shall  be 
rejected. 

The  five  dollar  fee  paid  upon  filing  an  application  shall  be  a  minimum 
fee  but  shall  be  a  credit  to  the  extent  of  five  dollars  whenever  the  fee 
due  upon  direct  diversion  or  storage  or  both  totals  more  than  five  dol- 
lars under  the  schedule  hereinafter  provided  and  in  such  case  the 
further  fee  due  shall  be  the  total  computed  amount  less  five  dollars. 

After  notice  as  above  provided  and  within  the  time  hereinabove  pro- 
vided, such  further  fee  as  may  be  due  shall  be  paid  in  amount  as 
follows : 

For  each  cubic  foot  per  second  or  fractional  cubic  foot  per  second  of 
direct  diversion  from  one  cubic  foot  per  second  up  to  and  including  five 
hundred  cubic  feet  per  second,  at  the  rate  of  one  dollar  per  cubic  foot 
per  second. 

For  each  cubic  foot  per  second  or  fractional  cubic  foot  per  second 
of  direct  diversion  from  five  hundred  cubic  feet  per  second  up  to  and 
including  two  thousand  cubic  feet  per  second,  at  the  rate  of  twenty-five 
cents  per  cubic  foot  per  second. 

For  each  cubic  foot  per  second  or  fractional  cubic  foot  per  second  of 
direct  diversion  over  two  thousand  cubic  feet  per  second,  at  the  rate  of 
ten  cents  per  cubic  foot  per  second. 

For  each  acre-foot  or  fractional  acre-foot  of  storage  up  to  and  includ- 
ing one  hundred  thousand  acre-feet,  at  the  rate  of  one-half  cent  per 
acre-foot. 

For  each  acre-foot  or  fractional  acre-foot  of  storage  over  one  hundred 
thousiand  acre-feet,  at  the  rate  of  one-tenth  cent  per  acre-foot. 


212  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

Also,  all  fees  above  provided  for  shall  be  paid  as  above  provided  upon 
all  applications  filed  under  section  twelve  of  this  act.  (Stats.  1917,  p. 
195;  Stats.  1921,  p.  442;  Stats.  1923,  p.  52.) 

Fees  on  permits. 

Sec.  23a.  In  addition  to  fees  paid  upon  applications  every  person, 
firm,  association  or  corporation  shall  pay  upon  issuance  of  a  permit,  the 
additional  fee,  if  the  purpose  or  use  is  for  the  generation  of  electricity 
or  electrical  or  other  power,  of  ten  cents  for  each  theoretical  horsepower 
capable  of  being  developed  by  the  works  up  to  and  including  one  hun- 
dred theoretical  horsepower,  of  five  cents  for  each  horsepower  in  excess 
of  one  hundred  theoretical  horsepower  up  to  and  including  one  thou- 
sand theoretical  horsepower,  and  of  one  cent  for  each  theoretical  horse- 
power in  excess  of  one  thousand  theoretical  horsepower;  also,  if  for 
agricultural  purposes,  of  five  cents  for  each  acre  of  land  to  be  irrigated 
by  means  of  said  appropriation  to  and  including  one  hundred  acres,  of 
three  cents  per  acre  for  each  acre  in  excess  of  one  hundred  acres  up  to 
and  including  one  thousand  acres  and  of  two  cents  for  each  acre  over 
one  thousand  acres ;  provided,  that  only  one  fee  shall  be  paid  upon  issu- 
ance of  two  or  more  permits  for  the  irrigation  of  the  same  land,  whether 
said  permits  be  issued  simultaneously  or  otherwise ;' and  that  only  one 
fee  shall  be  paid  upon  issuance  of  two  or  more  permits  for  water  to  be 
applied  to  the  same  power  generating  machinery  or  appliance  whether 
said  permits  be  issued  simultaneously  or  otherwise,  except,  that  when- 
ever additional  acreage  may  be  irrigated  or  additional  horsepower  may 
be  developed  as  a  result  of  another  permit  issued  or  by  amendment  of 
a  permit  or  by  a  supplemental  permit,  then  a  fee  shall  be  paid  for  said 
increase  in  acreage  or  horsepower.     (Stats  1923,  p.  52.) 

Disposition  of  fees  and  exemptions  therefrom. 

Sec.  23&.  All  fees  paid  under  the  provisions  of  sections  twenty- 
three  and  twenty-three  a  of  this  act  shall  forthwith  be  paid  into  the 
state  treasury  by  the  state  water  commission.  No  fee  shall  be  required 
from  any  person,  firm,  association,  or  corporation  exempt  by  any  law 
of  the  State  of  California  from  the  payment  of  such  fee.  (Stats. 
1923,  p.  53.) 

DETERMINATION  OF  WATER  RIGHTS  BY  COMMISSION. 
Commission  may  act  as  referee. 

Sec.  24.  In  case  suit  is  brought  in  the  superior  court  for  determina- 
tion of  rights  to  water  or  the  use  of  water,  the  case  may,  in  the  discre- 
tion of  the  court,  be  transferred  to  the  state  water  commission  for 
investigation,  as  referee.     (Stats.  1917,  p.  231.) 

Initiation   of  adjudication  procedure  for  determination  of  rights  by  appro- 
priation. 

Sec.  25.  Upon  its  own  initiative  or  upon  petition  signed  by  one  or 
more  claimants  to  water  or  the  use  of  water  upon  any  stream,  stream 
system,  lake,  or  other  body  of  water,  all  of  which  sources  of  supply  are 
hereinafter  referred  to  as  "stream  system,"  requesting  the  determina- 
tion of  rights,  based  upon  prior  appropriation,  of  the  various  claimants 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  213 

to  the  water  of  that  stream  system,  it  shall  be  the  duty  of  the  state  water 
commission,  if,  upon  investigation,  it  finds  the  facts  and  conditions  are 
such  as  to  justify,  to  enter  an  order  granting  said  petition  and  to  make 
proper  arrangements  to  proceed  with  such  determination.  (Stats. 
1917,  p.  231.) 

INVESTIGATION  OF  FLOW  OF  STREAMS. 
Notice  of  order. 

Sec.  26.  As  soon  as  practicable  after  the  state  water  commission 
shall  make  and  enter  the  order  granting  the  said  petition  or  selecting 
the  stream  system  upon  which  the  determination  of  water  rights  by 
appropriation  is  to  begin,  it  shall  prepare  a  notice  setting  forth  the  fact 
of  the  entry  of  said  order  and  of  the  pendency  of  the  said  proceedings, 
the  date  when  the  state  water  commission  shall  begin  said  examination, 
and  that  all  claimants  to  rights  by  appropriation  of  the  waters  of  said 
stream  system  are  required,  as  in  this  act  provided,  to  make  proof  of 
their  claims.  The  notice  shall  be  published  for  a  period  of  four  consecu- 
tive weeks  in  one  or  more  newspapers  of  general  circulation  published 
in  each  countv  in  which  any  part  of  said  stream  system  is  situated. 
(Stats.  1917,  p.  231.) 

Investigation  of  stream  system. 

Sec.  27.  At  the  time  set  in  said  notice,  the  state  water  commission 
shall  begin  an  investigation  of  the  flow  of  the  stream  system  and  of  the 
conduits  diverting  water,  and  of  the  lands  irrigated  or  irrigable  there- 
from, and  shall  gather  such  other  data  and  information  as  may  be 
essential  to  the  proper  determination  of  the  water  rights  by  appropria- 
tion. It  shall  reduce  its  observation,  data,  information  and  measure- 
ments to  writing.  It  shall  execute  surveys  and  shall  prepare  maps  from 
tlie  observations  of  such  surveys  in  accordance  with  such  uniform  rules 
and  regulations  as  it  may  adopt;  which  surveys  and  maps  shall  show 
with  substantial  accuracy  the  course  of  the  stream  or  streams ;  the  loca- 
tion of  each  conduit  diverting  water  therefrom,  land  irrigated  and 
capable  of  being  irrigated  by  each  conduit,  and  the  kind  of  culture  upon 
the  irrigated  land.  The  maps  shall  be  prepared  as  the  surveys  and 
observations  progress,  and,  when  completed,  it  [they]  shall  be  filed  and 
made  of  record  in  the  office  of  the  state  water  commi-ssion.  (Stats. 
1917,  p.  232.) 

Notice  of  date  of  filing  proofs. 

Sec.  28.  Upon  the  completion  of  such  measurements  and  maps,  and 
the  filing  of  said  observations,  data,  information  and  measurements, 
the  state  water  commission  shall  prepare  a  notice  setting  forth  the  date, 
prior  to  which  the  proofs,  to  be  furnished  by  claimants  upon  forms 
supplied  by  the  state  water  commission  and  more  specifically  referred 
to  in  the  next  section  hereof,  as  to  the  rights  by  appropriation  of  the 
waters  of  said  stream  system,  shall  be  filed;  provided,  however,  that  the 
date  set,  prior  to  which  said  proofs  must  be  filed,  shall  not  be  less  than 
sixty  days  from  the  date  of  the  last  publication  of  said  notice  as  herein- 
after provided.  The  notice  shall  be  deemed  to  be  an  order  of  the  state 
water  commission  as  to  its  contents,  and  it  shall  be  published  by  the 


214  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

state  water  commission  for  a  period  of  four  consecutive  weeks  in  one  or 
more  newspapers  of  general  circulation  published  in  each  county  in 
which  any  part  of  said  stream  system  is  situated.  At  or  near  the  time 
of  the  first  publication  of  said  notice  it  shall  be  the  duty  of  the  state 
water  commission  to  send  by  registered  mail  to  each  claimant  to  rights 
by  appropriation  of  the  waters  of  said  stream  system,  in  so  far  as  such 
claimant  can  be  reasonably  ascertained  at  his  last  known  place  of 
address,  a  notice  equivalent  in  terms  to  the  said  published  notice. 
(Stats.  1917,  p.  232.) 

Forms  of  proof  of  appropriation. 

Sec.  29.  The  state  water  commission  shall,  in  addition,  enclose  with 
the  notice  to  be  mailed  as  aforesaid,  blank  forms,  proofs  of  appropria- 
tion, upon  which  said  claimant  shall  present  in  writing  all  particulars 
necessary  for  the  determination  of  his  right  by  appropriation  of  the 
waters  of  said  stream  system,  the  said  statement  to  include  the 
following : 

(a)   The  name  and  post-office  address  of  the  claimant. 

(&)  The  nature  of  the  right  or  use  on  which  the  claim  for  appropria- 
tion is  based. 

(c)  The  date  of  the  initiation  of  such  right  and  a  description  of 
works  of  diversion  and  distribution. 

(d)  The  date  of  beginning  of  construction. 

(e)  The  date  when  completed. 

(/)   The  dates  of  beginning  and  completion  of  enlargements. 

(g)  The  dimensions  of  the  ditch  as  originally  constructed  and 
enlarged. 

(h)  The  date  when  water  was  first  used  for  irrigation  or  other  benefi- 
cial purposes,  and  if  used  for  irrigation,  the  amount  of  land  irrigated 
the  first  year,  the  amount  in  subsequent  years,  with  the  dates  of  irriga- 
tion and  the  area  and  the  location  of  the  lands  which  are  intended  to  be 
irrigated. 

(i)  The  character  of  the  soil  and  the  kind  of  crops  cultivated,  and 
such  other  facts  as  will  show  the  extent  and  nature  of  the  right  and  a 
compliance  with  the  law  in  acquiring  the  same,  as  may  be  required  by 
the  state  water  commission.  Each  claimant  shall  be  required  to  certify 
to  his  statements,  under  oath.     (Stats.  1917,  p.  232.) 

CONTESTS   CONCERNING  WATER  RIGHTS. 
Delay  or  failure  in  filing  proofs. 

Sec.  30,  After  the  date  fixed  for  the  filing  of  proofs,  no  proofs  shall 
be  received  or  filed  with  the  state  water  commission ;  provided,  however y 
that  the  state  water  commission  may,  for  cause  shown,  in  its  discretion, 
extend  the  time  in  which  proofs  may  be  filed.  Upon  neglect  or  refusal 
of  any  person  to  make  proof  of  his  claim  to  rights  by  appropriation  of 
the  waters  of  such  stream  system,  as  required  by  this  act,  prior  to  the 
expiration  of  the  period  fixed  by  the  state  water  commission,  during 
which  proofs  may  be  filed,  the  state  water  commission,  shall  determine 
the  right  by  appropriation  of  such  person  on  such  evidence  as  it  may 
obtain  or  may  have  on  file  in  its  office  in  the  way  of  maps,  plats,  surveys 
and  transcripts;  and  exceptions  to  such  determination  may  be  filed  in 
court  as  hereinafter  provided.  (Stats.  1917,  p.  233.) 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  215 

Intervention  of  claimant  without  knowledge  or  notice. 

Sec.  31.  Any  claimant  of  a  right  by  appropriation  of  the  water  of 
any  stream  system  upon  whom  no  service  of  notice  shall  have  been  had 
of  the  pendency  of  proceedings  for  the  determination  of  the  rights  by 
appropriation  of  the  waters  of  said  stream  system,  and  who  shall  have 
had  no  actual  knowledge  or  notice  of  the  pendency  of  said  proceedings, 
may  at  any  time  prior  to  the  expiration  of  three  months  after  the  entry 
of  the  determination  of  the  state  water  commission,  as  provided  in 
section  thirteen  of  this  act,  file  a  petition  to  intervene  in  said  proceed- 
ings. Such  petition  shall  be  under  oath  and  shall  contain,  among  other 
things,  all  matters  required  by  this  act  of  claimants  who  have  been  duly 
served  with  notice  of  said  proceedings,  and  also  a  statement  that  the 
intervenor  had  no  actual  knowledge  or  notice  of  the  pendency  of  said 
proceedings.  Upon  the  filing  of  said  petition  in  intervention,  the  peti- 
tioner shall  be  allowed  to  intervene  and  thereafter  shall  have  all  the 
rights  and  be  subject  to  all  the  duties  of  the  claimants  who  have  been 
duly  served.     (Stats.  1917,  p.  233.) 

Fees  for  adjudication. 

Sec.  32.  At  the  time  of  submission  of  proof  of  appropriation,  the 
state  water  commission  shall  collect  from  such  claimants,  on  the  basis 
of  the  statements  in  the  proofs,  a  fee  of  five  (5)  dollars  for  each  cubic 
foot  per  second  claimed  for  any  purpose;  the  minimum  fee,  however, 
for  any  claimant  to  be  five  (5)  dollars.  For  all  purposes  of  this  section 
three  hundred  fifty  acre-feet  of  water  claimed  for  storage  shall  be 
deemed  the  equivalent  of  one  cubic  foot  per  second.  As  soon  as  prac- 
ticable after  the  expiration  of  the  period  fixed  in  which  proofs  may  be 
filed,  the  state  water  commission  shall  compute  the  cost  of  surveys, 
maps,  reports  and  gathering  of  data  and  should  the  aggregate  cost 
thereof  exceed  the  total  amount  received  from  claimants  with  their  sub- 
mission of  proofs,  the  excess  shall  be  apportioned  among  the  claimants 
in  proportion  to  water  claimed  by  them.  Notice  of  the  assessment  of 
said  additional  charges  shall  be  sent  by  registered  mail  to  each  claimant, 
such  notice  to  include  a  statement  of  the  total  sum  assessed  and  of  the 
sum  assessed  to  claimant  addressed.  All  assessments  remaining  unpaid 
sixty  days  after  the  mailing  of  said  notice  shall  bear  interest  at  the  rate 
of  seven  per  cent  per  annum  from  the  end  of  said  sixty  day  period,  and 
all  assessments  remaining  unpaid  at  the  time  of  entry  of  decree  as  pro- 
vided in  section  thirty-six  c  of  this  act  shall  be  taxed  as  costs  against 
the  delinquent  claimants  and  collected  in  the  manner  provided  by  law 
for  the  collection  of  judgments.  All  fees  charged  and  collected  under 
this  section  shall  be  paid,  at  least  once  each  month,  accompanied  by  a 
detailed  statement  thereof,  into  the  cash  revolving  fund  of  the  state 
water  commission  in  the  state  treasury.  (Stats.  1917,  p.  234;  Stats. 
1921,  p.  482.) 

Abstract  of  inspection  of  proofs. 

Sec.  33.  As  soon  as  practicable  after  the  expiration  of  the  period 
fixed  in  which  proofs  may  be  filed,  the  state  water  commission  shall 


216  CALIFORNIA   IRRIGATION    DISTRICT   LAWS, 

assemble  all  proofs  which  have  been  filed,  and  prepare  and  certify  an 
abstract  of  all  of  the  said  proofs,  which  shall  be  printed  in  the  state 
printing  office.  As  soon  as  practicable  the  state  water  commission  shall 
prepare  a  notice  fixing  and  setting  a  time  and  place,  reasonably  con- 
venient to  the  claimants,  when  and  where  the  evidence  taken  by  or  filed 
with  it  shall  be  open  to  the  inspection  of  all  interested  persons,  said 
period  of  inspection  to  be  not  less  than  ten  (10)  days,  which  notice  shall 
be  deemed  to  be  an  order  of  the  state  water  commission  as  to  the  matters 
contained  therein.  A  copy  of  said  notice,  together  with  a  printed  copy 
of  the  said  abstract  of  proofs,  shall  be  sent  by  registered  mail,  at  least 
fifteen  (15)  days  prior  to  the  first  day  of  such  period  of  inspection,  to 
each  claimant  who  has  appeared  and  filed  proof  as  herein  provided.  A 
representative  of  the  state  water  commission  shall  be  present  at  the  time 
and  place  designated  in  said  notice,  and  allow,  during  said  period,  any 
person  interested  to  inspect  such  evidence  and  proofs  as  have  been  filed 
in  accordance  with  this  act.  (Stats.  1917,  p.  234.) 

Contest  of  proofs. 

Sec.  34.  Should  any  claimant  desire  to  contest  any  of  the  statements 
and  proofs  of  claims  filed  with  the  state  water  commission  by  any  other 
claimant  to  the  waters  of  the  stream  system,  he  shall,  within  fifteen  (15) 
days  after  said  evidence  and  proofs  shall  have  been  opened  to  public 
inspection,  or  within  such  further  time  as  for  good  cause  shown  may  be 
allowed  by  the  state  water  commission  upon  application  made  prior  to 
the  expiration  of  said  fifteen  (15)  days,  in  writing,  notify  the  state 
water  commission,  stating  with  reasonable  certainty  the  grounds  of  the 
proposed  contest,  which  statement  shall  be  verified  by  the  affidavit  of 
the  contestant,  his  agent  or  attorney.  The  statements  or  proofs  of  the 
person  whose  rights  are  contested  and  the  verified  statement  of  the 
contestant  shall  be  deemed  sufficient  to  constitute  a  proper  cause  for 
such  contest.     (Stats.  1917,  p.  234.) 

Hearings  of  contests. 

Sec.  35.  Within  ten  (10)  days  after  the  receipt  of  the  notice  of 
contest  the  state  water  commission  shall  notify  by  registered  mail  the 
contestant  and  the  claimant  whose  rights  are  contested  to  appear  before 
it  at  a  time  and  place  specified  in  said  notice,  and  that  at  said  time  and 
place  said  contest  will  be  heard;  provided,  that  said  time  shall  not  be 
less  than  fifteen  (15)  days  nor  more  than  sixty  (60)  days  from  the  date 
of  the  mailing  of  the  notice  of  the  commission.  The  state  water  com- 
mission shall  have  power  to  adjourn  hearings  of  contests  from  time  to 
time  upon  reasonable  notice  to  all  parties  in  interest,  and  to  issue  sub- 
poenas for  and  compel  the  attendance  of  witnesses  to  testify  before  it 
and  to  produce  papers,  books,  maps,  and  other  documents.  The  costs 
of  taking  testimony  at  a  hearing  shall  be  borne  by  the  parties  thereto 
as  follows :  each  party  shall  pay  for  the  direct  examination  of  his  own 
witness  and  the  cross-examination  of  opponent's  witness  and  shall  share 
equally  for  that  part  of  the  examination  directed  by  the  representative 
of  the  commission.  One  copy  of  the  transcript  of  testimony  taken  at 
the  hearing  shall  be  furnished  to  the  commission  and  the  cost  thereof 
borne  equally  by  the  parties.     (Stats.  1917,  p.  235.) 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  217 

Order  of  determination. 

Sec.  36.  As  soon  as  practicable  after  the  hearing  of  contests,  it  shall 
be  the  duty  of  the  state  water  commission  to  make,  and  cause  to  be 
entered  of  record  in  its  office,  an  order  determining  and  establishing  the 
Q^veral  rights  by  appropriation  of  the  waters  of  said  stream ;  provided, 
however,  that  within  sixty  (60)  days  after  the  entry  of  an  order  estab- 
lishing water  rights,  the  state  water  commission  may,  for  good  cause 
shown,  reopen  the  proceedings  and  grant  a  rehearing.  Such  order  and 
determination  shall  be  prepared,  and  after  certification  by  the  state 
water  commission,  printed  in  the  state  printing  office.  A  copy  of  said 
order  of  determination  shall  be  sent  by  registered  mail  to  each  person 
who  has  filed  proof  of  claim,  and  to  each  person  who  has  become  inter- 
ested through  intervention  or  as  a  contestant  under  the  provisions  of 
section  eight  or  section  eleven  of  this  act.     (Stats.  1917,  p.  235.) 

Filing  of  order  of  determination  and  testimony  with  superior  court  and  notice 
of  order  of  hearing. 

Sec.  36a.  As  soon  as  practicable,  after  the  entry  of  the  order  of 
determination,  a  certified  copy  thereof,  together  with  the  original  evi- 
dence and  transcript  of  testimony  filed  with,  or  taken  before  the  state 
water  commission,  as  aforesaid,  duly  certified  by  it,  shall  be  filed  with 
the  clerk  of  the  superior  court  of  the  county  in  which  said  stream 
system,  or  any  part  thereof,  is  situated.  Upon  the  filing  of  the  certified 
copy  of  said  order,  evidence,  and  transcript  with  the  clerk  of  the  court 
in  which  the  proceedings  are  to  be  had,  the  state  water  commission  shall 
procure  an  order  from  said  court  setting  a  time  for  hearing.  The  clerk 
of  such  court  shall  immediately  furnish  the  state  water  commission  with 
a  certified  copy  of  said  order.  It  shall  be  the  duty  of  the  state  water 
commission  immediately  thereupon  to  mail  a  copy  of  such  certified  order 
of  the  court,  by  registered  mail,  addressed  to  each  known  party  in  inter- 
est at  his  last  known  place  of  residence,  and  to  cause  the  same  to  be 
published  at  least  once  a  week  for  four  consecutive  weeks  in  some  news- 
paper of  general  circulation  published  in  each  county  in  which  such 
stream  system  or  any  part  thereof  is  located,  and  the  state  water  com- 
mission shall  file  with  the  clerk  of  the  court  proof  of  such  service  by 
registered  mail  and  by  publication.  Such  service  by  registered  mail 
and  by  publication  shall  be  deemed  full  and  sufficient  notice  to  all 
parties  in  interest  of  the  date  and  purpose  of  such  hearing.  (Stats. 
1917,  p.  236.) 

Court  hearing  and  decree. 

Sec.  366.  At  least  ten  days  prior  to  the  day  set  for  hearing,  all 
parties  in  interest  who  are  aggrieved  or  dissatisfied  with  the  order  of 
determination  of  the  state  water  commission  shall  file  with  the  clerk  of 
said  court  notice  of  exceptions  to  the  order  of  determination  of  the  state 
water  commission,  which  notice  shall  state  briefly  the  exceptions  taken, 
the  reasons  therefor,  and  the  prayer  for  relief,  and  a  copy  thereof  shall 
be  transmitted  by  registered  mail  at  least  ten  (10)  days  prior  to  such 
hearing,  to  the  state  water  commission  and  to  each  claimant,  who  was 
an  adverse  party  to  any  contest  wherein  such  exceptor  was  a  party  in 
the  proceedings.    The  order  of  determination  by  the  state  water  com- 


218  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

mission  and  the  statements  or  claims  of  claimants  and  exceptions  made 
to  the  order  of  determination  shall  constitute  the  pleadings  but  the 
court  may  allow  such  additional  or  amended  pleadings  as  may  be  neces- 
sary to  a  final  determination  of  the  proceeding.  If  no  exceptions  shall 
have  been  filed  with  the  clerk  of  the  court  as  aforesaid,  then  on  the  day 
set  for  the  hearing,  on  motion  of  the  state  water  commission,  or  its 
attorney,  the  court  shall  enter  a  decree  affirming  said  order  of  deter- 
mination. On  the  day  set  for  hearing  all  parties  in  interest  who  have 
filed  notices  of  exceptions  as  aforesaid  shall  appear  in  person,  or  by 
counsel,  and  it  shall  be  the  duty  of  the  court  to  hear  the  same  or  set  the 
time  for  hearing,  until  such  exceptions  are  disposed  of,  and  all  proceed- 
ings thereunder  shall  be  as  nearly  as  may  be  in  accordance  with  the 
rules  governing  civil  actions.  Whenever  in  the  judgment  of  the  court 
the  state  is  a  necessary  party  to  the  action,  the  court  shall  make  an  order 
to  that  effect  and  thereupon  a  copy  of  all  pleadings  and  proceedings  on 
file  with  the  court  in  said  matter  shall  be  served  upon  the  attorney 
general  who  shall  represent  the  state  therein.     (Stats.  1917,  p.  236.) 

Decree  determining  the  right  of  persons  involved.     Appeals. 

Sec.  36c.  For  further  information  on  any  subject  in  controversy, 
the  court  may  employ  one  or  more  qualified  persons  to  investigate  and 
report  thereon  under  oath,  subject  to  examination  by  any  party  in 
interest  as  to  his  competency  to  give  expert  testimony  thereon.  The 
court  may  take  additional  evidence  on  any  issue  and  may,  if  necessary, 
refer  the  case  for  such  further  evidence  to  be  taken  by  the  state  water 
commission  as  it  may  direct,  and  may  require  a  further  determination 
by  it.  After  the  hearing,  the  court  shall  enter  a  decree  determining  the 
right  of  all  persons  involved  in  such  proceeding.  Said  decree  shall  in 
every  case  declare  as  to  the  water  right  by  appropriation  adjudged  to 
each  party,  the  extent,  priority,  amount,  purpose  of  use,  point  of  diver- 
sion, and  place  of  use  of  said  water ;  and  as  to  water  used  for  irrigation, 
such  decree  shall  also  declare  the  specific  tracts  of  land  to  which  it  shall 
be  appurtenant,  together  with  such  other  conditions  as  may  be  necessary 
to  define  the  right  and  its  priority.  Upon  the  hearing  the  court  may 
assess  and  adjudge  against  any  party  such  costs  as  it  may  deem  just. 
Appeals  from  such  decree  may  be  taken  to  the  supreme  court  by  the 
state  water  commission  or  any  party  in  interest,  in  the  same  manner  and 
with  the  same  effect  as  in  civil  cases.     (Stats.  1917,  p.  236.) 

Recording  of  decree  and  issuing  of  certificates. 

Sec.  36d.  A  certified  copy  of  the  decree  of  the  superior  court  shall 
be  prepared  by  the  clerk  thereof,  without  charge,  and  filed  for  record 
in  the  office  of  the  county  recorder  of  each  county  in  which  any  part  of 
the  stream  system  is  situated  and  also  in  the  office  of  the  state  water 
commission.  It  shall  be  the  duty  of  the  state  water  commission  to  issue 
to  each  claimant  represented  in  such  determination  a  certificate  to  be 
signed  by  the  president  of  the  state  water  commission,  and  attested 
under  seal  of  the  secretary  of  said  commission,  setting  forth  the  name 
and  post-office  address  of  the  owner  of  the  right;  the  priority  of  the 
date,  extent  and  purpose  of  such  right ;  and,  if  such  water  be  for  irriga- 
tion purposes,  a  description  of  the  legal  subdivisions  of  land  to  which 
said  water  is  appurtenant.     (Stats.  1917,  p.  236.) 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS,  219 

Failure  to  file  claim  estops  from  subsequent  assertion  of  right.     Decree  con- 
clusive as  to  rights  by  appropriation. 

Sec.  36e.  Whenever  proceedings  shall  be  instituted  for  the  deter- 
mination of  rights  by  appropriation  of  water,  it  shall  be  the  duty  of 
all  claimants  interested  therein  and  having  notice  thereof  as  in  this 
act  provided,  to  appear  and  submit  proof  of  their  respective  claims  at 
the  time  and  in  the  manner  required  by  law ;  and  any  such  claimant 
who  shall  fail  to  appear  in  such  proceedings  and  submit  proof  of  his 
claim  shall  be  barred  and  estopped  from  subsequently  asserting  any 
rights  theretofore  acquired  upon,  the  stream  system,  embraced  in  such 
proceedings,  and  shall  be  held  to  have  forfeited  all  rights  by  appropria- 
tion to  said  water  theretofore  claimed  by  him  on  such  stream  system, 
unless  entitled  to  relief  under  the  laws  of  this  state ;  provided,  that  such 
proceedings  shall  result  in  a  determination  by  the  state  water  commis- 
sion and  a  decree  by  the  superior  court  determining  the  rights  on  such 
stream.  Such  decree  shall  be  conclusive  as  to  the  rights  by  appropria- 
tion of  all  existing  claimants  upon  the  stream  system  lawfully  embraced 
in  the  determination.     (Stats.  1917,  p.  236.) 

Fixing  time  for  completion  of  appropriations  initiated  prior  to  December  19, 
1914,  and  issuing  certificates  thereon. 

Sec.  36/.  The  state  water  commission  shall  have  authority  and  power 
in  making  a  determination  as  to  the  rights  by  appropriation  of  the 
waters  of  any  stream  system,  to  fix  a  time  limit  for  the  completion  of  all 
appropriations  of  water  from  such  stream,  where  such  rights  of  appro- 
priations were  initiated  prior  to  December  19, 1914,  and  since  prosecuted 
with  reasonable  diligence,  and  such  appropriators  having  been  duly 
notified  as  provided  in  this  act,  must  appear  and  submit  their  proofs  of 
claim,  in  accordance  with  section  twenty-eight  of  this  act,  or  they  shall 
be  deemed  and  held  to  be  in  default,  and  to  have  abandoned  or  to  have 
no  right,  title  or  interest  in  or  to  the  waters  of  such  stream.  In  deter- 
mining rights  of  such  appropriators,  the  state  water  commission  shall 
prescribe  such  a  reasonable  time  for  the  completion  of  such  appropria- 
tions, and  the  application  of  the  water  appropriated  to  a  beneficial  use, 
as  will  enable  such  appropriators  acting  in  good  faith  and  with  due 
diligence  to  complete  the  same.  The  findings  of  the  state  water  com- 
mission shall  provide  for  the  submission  of  proof  or  evidence  as  to  the 
completion  of  such  appropriation  and  the  amount  of  water  actually 
applied  to  beneficial  use  upon  the  expiration  of  such  time  limit,  and 
shall,  in-  accordance  with  such  proof,  enter  supplemental  findings,  estab- 
lishing and  determining  such  rights  of  appropriation,  in  so  far  as  the 
same  shall  have  been  completed ;  and  certificates  of  water  right  shall  be 
issued  in  accordance  with  such  supplemental  findings  and  order  of 
determination  of  said  commission ;  but  this  section  shall  not  be  construed 
to  confer  any  rights  of  appropriation  upon  parties  who  shall  have  aban- 
doned their  said  appropriations  or  failed  to  use  due  diligence  in  the 
application  of  the  water  to  a  beneficial  use  and  in  the  completion  of 
their  appropriations ;  and  all  such  appropriators,  who  shall  fail  to  com- 
plete their  said  appropriations  within  the  limit  of  time  fixed  by  the  state 
water  commission  in  said  findings,  or  such  further  time  granted  upon 
application  made  prior  to  the  expiration  of  such  time  limit,  as  the  state 
water  commission  shall  find  equitable  and  just,  shall  be  deemed  to  have 


220  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

abandoned  their  rights  of  appropriation,  and  rights  acquired  by  virtue 
thereof  waived,  and  such  appropriators  shall  be  deemed  and  held  to  have 
no  right,  title  or  interest  in  or  to  the  waters  of  such  stream  by  virtue  of 
their  said  appropriations.  The  findings  and  determination  of  the  state 
water  commission  made  under  the  provisions  of  this  section  may  be 
reviewed  in  the  manner  prescribed  bv  section  thirty-six  &  of  this  act. 
(Stats.  1917,  p.  236.) 

SUPERVISION  OF  DISTRIBUTION  OF  WATER. 
Division  of  state  into  water  districts. 

Sec.  37.  The  state  water  commission  shall  divide  the  state  into  water 
districts  to  be  so  constituted  and  adjusted  as  to  insure  the  most  practical 
and  economical  supervision  of  the  distribution  of  water  on  the  part  of 
the  state,  and  shall  have  authority  to  make  such  reasonable  regulations 
to  secure  distribution  of  water  in  accordance  with  the  determined  rights 
as  may  be  needed.  Said  water  districts  shall  be  created  from  time  to 
time  as  the  claims  to  water  shall  be  determined  by  adjudication  of  court 
either  under  the  procedure  provided  for  in  the  water  commission  act, 
or  otherwise,  and  thereafter  changed  from  time  to  time  as  convenience 
of  administration  may  require.     (Stats.  1921,  p.  543.) 

Appointment,  duties  and  powers  of  water  masters. 

Sec.  37a.  Upon  written  request  of  the  owners  or  governing  bodies 
of  at  least  fifteen  per  cent  of  the  conduits,  ditches,  pipe  lines  and  other 
means  of  diversion  lawfully  entitled  to  directly  divert  water  from  the 
streams  or  other  sources  of  water  supply  in  any  water  district,  the  state 
water  commission  may,  if  in  its  discretion  necessity  therefor  exists, 
appoint  one  or  more  water  masters  for  such  water  district.  The  state 
water  commission  may  from  time  to  time  discontinue  water  master 
service  in  any  water  district,  if  necessity  therefor  ceases,  and  revive  the 
same  whenever  and  as  frequently  as  necessity  exists.  The  water  master 
shall  be  properly  qualified  and  shall  perform  the  duties  imposed  on  him 
by  this  act  as  an  employee  under  the  general  supervision  and  control 
of  the  state  water  commission.  It  shall  be  the  duty  of  the  water  master 
to  divide  the  waters  of  the  streams,  or  other  sources  of  supply,  among 
the  several  conduits,  ditches,  pipe  lines  and  other  means  of  diversion  (all 
of  which  are  hereafter  referred  to  as  conduits)  and  reservoirs  taking 
water  therefrom,  and  so  to  adjust  or  close  the  headgates  of  conduits  and 
regulate  the  controlling  works  of  reservoirs,  as  may  be  necessary  to 
insure  a  distribution  of  the  water  thereof  among  the  water  users  entitled 
to  its  use,  according  to  the  rights  of  such  water  users  as  determined  by 
court  adjudication  either  under  the  procedure  provided  for  in  the  water 
commission  act  or  otherwise  and  permits  and  licenses  issued  by  the 
state  water  commission  after  such  adjudication;  provided,  that  any 
person  who  may  be  injured  by  the  action  of  any  water  master,  shall  have 
the  right  to  appeal  to  the  superior  court  of  the  county  in  which  the 
injury  takes  place,  for  an  injunction ;  such  injunction  to  be  issued  only 
in  case  it  can  be  shown  at  the  hearing  that  the  water  master  has  failed 
to  carry  into  effect  decrees  of  the  court  or  permits  or  licenses  of  the  state 
water  commission  as  in  this  section  provided.  Whenever,  in  the  pursu- 
ance of  his  duties,  the  water  master  regulates  a  headgate  to  a  conduit 
or  the  controlling  works  of  reservoirs,  it  shall  be  his  duty  to  attach  to 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  221 

such  headgate  or  controlling  works  a  written  notice  properly  dated 
and  signed  setting  forth  the  fact  that  such  headgate  or  controlling 
works  has  been  properly  regulated  and  is  wholly  under  his  control, 
and  such  notice  shall  be  a  legal  notice  to  all  parties  interested  in  the 
diversion  and  distribution  of  the  water  of  such  conduit  or  reservoir. 
(Stats.  1921,  p.  544.) 

Interference  with  headgate  regulations  of  water  masters  a  misdemeanor. 

Sec.  376.  Any  person  who  shall  wilfully  and  without  authority 
open,  close,  change  or  interfere  with  any  headgate,  water  box  or  measur- 
ing device  while  under  the  control  of  the  water  master,  or  who  shall 
wilfully  take  or  use  water  which  has  been  denied  him  by  the  water 
master  under  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor.  The  possession  or  use  of  water  when  the  same  shall  have 
been  so  denied  him  by  the  water  master  shall  be  prima  facie  evidence 
of  the  guilt  of  the  person  using  it.     (Stats.  1921,  p.  544.) 

Installation  and  maintenance  of  headgate  and  measuring  devices. 

Sec.  37c.  The  owner  of  any  conduit  subject  to  regulation  by  a 
water  master  as  provided  by  section  thirty-seven  a  of  this  act  shall 
construct  and  maintain  to  the  satisfaction  of  the  state  water  commission 
a  substantial  and  serviceable  headgate  or  diversion  works,  at  or  near  the 
point  where  the  water  is  diverted,  which  shall  be  of  such  construction 
that  it  can  be  locked  and  kept  closed  by  the  water  masters  and  such 
owners  shall  construct  and  maintain,  when  required  by  the  state  water 
commission,  suitable  measuring  devices  at  such  points  along  such  ditch 
as  may  be  necessary  for  the  purpose  of  assisting  the  water  master  in 
determining  the  amount  of  water  that  is  to  be  diverted  into  said  con- 
duit from  the  stream.  Any  and  every  owner  or  manager  of  a  reservoir 
located  across  or  upon  the  bed  of  a  natural  stream  or  of  a  reservoir  which 
requires  the  use  of  a  natural  stream  channel,  subject  to  regulation  by  a 
water  master  as  provided  by  section  thirty-seven  a  of  this  act  shall  con- 
struct and  maintain,  when  required  by  the  state  water  commission,  a 
measuring  device  of  a  plan  to  be  approved  by  the  state  water  commission, 
below  such  reservoir,  and  a  measuring  device  above  such  reservoir  on 
each  or  every  stream  or  source  of  supply  discharging  into  such  reservoir 
for  the  purpose  of  assisting  the  state  water  commission  or  water  master 
in  determining  the  amount  of  water  to  which  appropriators  are  entitled 
and  thereafter  diverting  it  for  such  appropriator 's  use.  If  any  such 
owner  or  owners  of  water  works  shall  refuse  or  neglect  to  construct  and 
put  in  such  headgate  or  measuring  devices  after  thirty  days  notice,  the 
water  master  may  close  such  ditch,  and  the  same  shall  not  be  opened 
or  any  water  diverted  from  the  source  of  supply,  under  the  penalties 
prescribed  by  law  for  the  opening  of  headgates  lawfully  closed  until 
the  requirements  of  the  state  water  commission  as  to  such  headgates 
or  mea.suring  device  have  been  complied  with,  and  if  any  owner  or  man- 
ager of  a  reservoir  located  across  the  bed  of  a  natural  stream,  or  of  a 
reservoir  which  requires  the  use  of  a  natural  stream  channel,  shall 
neglect  or  refuse  to  put  in  such  measuring  devices  after  thirty  days 
notice  by  the  state  water  commission,  the  water  master  may  open  the 
sluice  gate  or  outlet  of  such  reservoir  and  the  same  shall  not  be  closed, 
except  by  order  of  the  state  water  commission,  under  the  penalties  of 


222  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

the  law  for  changing  or  interfering  with  headgates,  until  the  require- 
ments of  the  state  water  commission  as  to  such  measuring  devices  are 
complied  with.     (Stats.  1921,  p.  545.) 

Water  master  has  power  to  arrest. 

Sec.  Z7d.  The  water  master  shall  have  the  power  to  arrest  any  per- 
son violating  any  of  the  provisions  of  sections  thirty-seven  h,  and  thirty- 
seven  c  of  this  act,  and  to  give  him  into  the  custody  of  the  sheriff,  or 
other  competent  police  officer  within  the  county,  and  immediately 
thereafter  make  complaint  before  a  magistrate  against  the  person  so 
arrested.     (Stats.  1921,  p.  545.) 

Violation  of  provisions  Sees.  37b  and  37c  misdemeanors.    Penalties. 

Sec.  37e.  Any  person  violating  any  of  the  provisions  of  section 
thirty-seven  6  and  thirty-seven  c  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  a  sum  not 
less  than  twenty-five  dollars,  nor  more  than  two  hundred  fifty  dollars, 
or  imprisoned  in  the  county  jail  not  less  than  ten  days  nor  more  than 
six  months,  or  by  both  such  fine  and  imprisonment.  (Stats.  1921, 
p.  546.) 

GENERAL   PROVISIONS. 
Diversion  or  use  of  water  contrary  to  the  act  a  trespass. 

Sec.  38.  The  diversion  or  use  of  water  subject  to  the  provisions  of 
this  act  other  than  as  it  is  in  this  act  authorized  is  hereby  declared  to 
be  a  trespass,  and  the  state  water  commission  is  hereby  authorized  to 
institute  in  the  superior  court  in  and  for  any  county  wherein  such 
diversion  or  use  is  attempted  appropriate  action  to  have  such  trespass 
enjoined. 

Water  appropriated  for  specific  purpose. 

Sec.  39.  Water  or  the  use  of  water  which  shall  hereafter  be,  or 
which  has  heretofore  been,  appropriated  under  the  provisions  of  this 
act  for  one  specific  purpose,  shall  not  be  deemed  to  be  appropriated  or 
acquired  for  any  other  or  different  purpose.  Any  person,  firm,  asso- 
ciation or  corporation  applying  to  the  state  water  commission  for  a 
permit  to  appropriate  water  or  the  use  of  water  shall  state  in  the  appli- 
cation for  said  permit  the  specific  purpose  to  which  it  is  proposed  to  put 
such  water  or  the  use  thereof.  Any  applicant,  permittee,  or  licensee 
desiring  to  change  purpose  of  use  of  water  heretofore  or  hereafter 
appropriated  under  the  provisions  of  this  act  shall  proceed  as  provided 
in  section  sixteen  of  this  act  in  the  matter  of  petitions  to  change  points 
of  diversion  or  places  of  use  and  changes  in  purpose  of  use  shall  be 
subject  to  the  provisions  of  law  provided  in  section  sixteen  of  this  act 
relative  to  changes  in  points  of  diversion  and  places  of  use.  (Stats. 
1925,  p.  586.) 

Investigation  of  storage  and  flood  control  projects. 

Sec.  40.  The  state  water  commission  is  also  authorized  and  empow- 
ered to  investigate  any  natural  situation  available  for  reservoirs  or 
reservoir  systems  for  gathering  and  distributing  flood  or  other  waters 
not  under  beneficial  use  in  any  stream,  stream  system  or  lake  or  other 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  223 

body  of  water,  and  to  ascertain  the  feasibility  of  such  projects,  includ- 
ing the  supply  of  water  that  may  thereby  be  made  available,  the  extent 
and  character  of  the  areas  that  may  be  thereby  irrigated,  and  make 
estimate  of  the  cost  of  such  project. 

Rights  of  municipalities  not  impaired  by  the  act. 

Sec.  41.  Nothing  in  this  act  shall  be  construed  as  depriving  any 
city,  city  and  county,  municipal  water  district,  irrigation  district  or 
lighting  district  of  the  benefit  of  any  law  heretofore  or  hereafter  passed 
for  their  benefit  in  regard  to  the  appropriation  or  acquisition  of  water 
or  the  use  of  water ;  and  nothing  in  this  act  shall  affect  or  limit  in  any 
manner  whatsoever  the  right  or  power  of  any  municipality  which  has 
heretofore  appropriated  or  acquired  water  or  the  use  of  water  for 
municipal  purposes,  to  use  or  to.  sell  or  otherwise  dispose  of  such  water 
or  the  use  thereof,  either  within  or  without  its  limits  for  domestic, 
irrigation  or  other  purposes,  in  accordance  with  laws  in  effect  at  the 
time  of  the  passage  of  this  act. 

Definitions. 

Sec.  42.  The  word  *  *  water ' '  in  this  act  shall  be  construed  as  embrac- 
ing the  term  "or  use  of  water";  and  the  term  "or  use  of  water"  in 
this  act  shall  be  construed  as  embracing  the  word  "water."  When- 
ever the  terms  stream,  stream  system,  lake  or  other  body  of  water  or 
waters  occurs  in  this  act,  such  term  shall  be  interpreted  to  refer  only 
to  surface  water,  and  to  subterranean  streams  flowing  through  known 
and  definite  channels.  But  nothing  in  this  act  shall  be  construed  as 
giving  or  confirming  any  right,  or  title,  or  interest  to  or  in  the  corpus 
of  any  water;  provided,  that  the  term  "useful  or  beneficial  purposes" 
as  used  in  this  act  shall  not  be  construed  to  mean  the  use  in  any  one 
year  of  more  than  two  and  one-half  acre-feet  of  water  per  acre  in  the 
irrigation  of  uncultivated  areas  of  land  not  devoted  to  cultivated  crops. 

Rights  to  appeal  unabridged. 

Sec.  43,  Nothing  in  this  act  shall  be  construed  as  depriving  any 
person,  firm,  association  or  corporation  of  the  right  of  appeal  conferred 
under  the  laws  of  this  state. 

Acts  in  conflict  repealed. 

Sec.  44.  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

Title  of  act. 

Sec.  45.     This  act  shall  be  known  as  the  "water  commission  act." 

Constitutionality  of  act. 

Sec.  46.  If  any  section,  subsection,  sentence,  clause  or  phrase  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such  decision  shall  not 
affect  the  validity  of  the  remaining  portions  of  this  act.  The  legislature 
hereby  declares  that  it  would  have  passed  this  act,  and  each  section, 
subsection,  sentence,  clause  and  phrase  thereof,  irrespective  of  the  fact 
that  any  one  or  more  other  sections,  subsections,  sentences,  clauses  or 
phrases  be  declared  unconstitutional. 


224  OALIIOOBNIA    IRRIGATION    DISTRICT   LAWS. 

III.    OTHER  STATUTES  RELATING  TO 
IRRIGATION. 

1.     CONSOLIDATION  AND  COOPERATION  OF  DISTRICTS. 

A.     CONSOLIDATION  OF  DISTRIC5TS. 

An  act  to  provide  for  the  consolidation  of  districts  organized  or  exist- 
ing under  the  California  irrigation  district  act. 

(Approved  June  1.  1921,  Stats.  1921,  p.  1018;  amended  Stats.  1925.  p.  802.) 

Consolidation  of  districts. 

Section  1.  Two  or  more  districts  organized  or  existing  under  the 
California  irrigation  district  act  may.  be  consolidated  as  in  this  act 
provided  and  when  so  consolidated,  the  consolidated  district  shall  pos- 
sess all  of  the  powers  and  be  governed  by  and  subject  to  all  of  the 
provisions  of  the  California  irrigation  district  act,  except  as  in  this 
act  otherwise  provided,  as  though  originally  organized  under  said  act. 

Petition. 

Sec.  2.  "When  in  the  judgment  of  the  board  of  directors  of  an  irri- 
gation district  it  is  for  the  best  interest  of  such  district  that  it  be  con- 
solidated with  one  or  more  other  districts  organized  or  existing  under 
said  California  irrigation  district  act  or  when  there  is  presented  to 
said  board  a  petition  signed  by  signers  equal  in  numbers  to  and  possess- 
ing the  qualifications  required  by  said  California  irrigation  district  act 
for  a  petition  for  the  organization  of  a  district,  said  board  must  pass 
a  resolution  reciting  such  facts  and  declaring  the  advisability  of  such 
consolidation  and  its  willingness  to  consolidate  and  forward  a  copy 
thereof  to  the  state  engineer. 

Investigation. 

Sec.  3.  Upon  the  receipt  of  the  certified  copy  of  such  resolution 
adopted  by  two  or  more  of  such  districts  the  state  engineer  shall  forth- 
with make  or  cause  to  be  made  such  investigation  as  he  may  deem 
necessary. 

If  report  is  favorable. 

Sec.  4.  Upon  the  completion  of  such  examination  but  not  more  than 
ninety  days  after  the  receipt  by  him  of  a  copy  of  the  resolution  from 
the  board  last  adopting  the  same,  the  state  engineer  shall  submit  to  the 
board  of  directors  of  each  of  said  districts  his  report  thereon. 

In  case  said  engineer  shall  consider  the  elimination  of  a  portion  of 
the  lands  included  in  any  of  the  original  districts  advisable,  he  shall 
recommend  the  same  in  his  said  report,  stating  his  reasons  therefor. 
He  shall  also  set  out  the  boundaries  of  the  consolidated  district  recom- 
mended and  the  divisions  into  which  it  is  to  be  divided,  the  same 
being  five  in  number. 

If  any  of  said  lands  so  eliminated  have  never  received  water  from 
the  original  district  in  which  it  was  included,  the  owners  thereof  shall 
be  entitled  to  the  return  of  all  assessments  theretofore  paid  upon  same. 
If  any  of  said  lands  have  theretofore  received  water,  the  said  state 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  225 

engineer  shall  recommend  in  his  said  report  the  portion,  if  any,  of  said 
assessments  to  the  return  of  which  the  respective  owners  are  equitably 
entitled.     (Stats.  192;').  p.  S()2.) 

Election. 

Sec.  5.  Within  ten  days  after  receiving  said  report,  if  the  state 
engineer  deems  such  consolidation  desirable,  the  board  of  directors  of 
each  of  said  districts  must  make  an  order  calling  a  special  election  at 
which  shall  be  submitted  to  the  electors  of  such  district  po.ssessing  the 
qualifications  prescribed  by  the  California  irrigation  district  act  the 
question  whether  or  not  said  consolidation  shall  be  effected,  which  said 
election  shall  be  conducted  and  the  returns  canvassed  so  far  as  practi- 
cable in  accordance  with  the  requirements  for  the  general  irrigation 
district  election  provided  for  in  said  act.  Notice  of  such  election  shall 
be  given  for  the  time  and  in  the  manner  provided  for  notice  of  special 
elections  for  the  issuance  of  bonds  in  said  California  irrigation  district 
act.  The  ballots  shall  contain  the  words  "Consolidation — Yes"  and 
"Consolidation — No,"  or  words  equivalent  thereto,  and  if  a  majority 
of  the  votes  cast  in  each  district  are  "Consolidation — Yes,"  then  such 
districts  shall  be  consolidated. 

At  such  election  there  shall  also  be  elected  the  directors  and  other 
officers  of  the  con.solidated  district  who  shall  be  nominated  and  voted 
for  as  provided  for  in  the  general  election  of  an  irrigation  district. 
(Stats.  1925,  p.  802.) 

If  report  unfavorable. 

Sec.  6.  After  receiving  said  report,  if  the  said  engineer  deems  such 
consolidation  not  desirable,  or  if  no  report  is  received  from  said  engi- 
neer within  ninety  (90)  daj-s  after  the  submission  to  him  of  said  copy 
of  said  resolution  from  the  board  last  adopting  the  same,  said  boards 
of  directors,  if  they  each  shall  determine  and  declare  by  resolution 
that  the  proposed  consolidation  is  desirable,  shall  each  make  an  order 
calling  a  special  election  in  the  same  manner  as  provided  in  section 
five^  hereof,  wbich  said  election  shall  be  conducted  in  the  same  nianner 
and  upon  the  same  notice  as  provided  therein. 

Offices. 

Sec.  7.  In  the  original  resolution  of  consolidation  the  boards  of 
directors  of  the  several  districts  shall  specify  the  oflBces  agreed  upon  for 
the  consolidated  district  and  upon  the  voters  of  said  districts  con- 
solidating said  districts  as  herein  provided,  the  directors  and  other 
officers  then  elected  shall  thereupon  become  the  officers  of  such  consoli- 
dated district  and  shall  qualify  and  organize  in  the  manner  provided 
for  a  newly  organized  district. 

Apportionment  of  indebtedness. 

Sec.  8.  The  report  of  the  said  engineer  shall  recommend  the  appor- 
tionment  to   the   lands  of   the   respective   districts   any   outstanding 

'The  act  contains  no  section  5 ;  reference  evidently  intended  to  apply  to  the  fourth 
and  fifth  paragraphs  of  section  4. 


15—40508 


226  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

indebtedness  as  he  deems  equitable,  and  the  board  of  directors  of  the 
consolidated  district,  if  such  consolidation  be  made,  shall  within  sixty 
(60)  days  after  such  consolidation  act  upon  such  recommendation  and 
shall  apportion  to  the  lands  of  the  said  consolidated  district  any  out- 
standing indebtedness  as  it  deems  equitable. 

Name  and  powers  of  district. 

Sec.  9.  In  the  original  resolution  of  consolidation  the  said  boards  of 
directors  of  th«  several  districts  shall  specify  the  name  agreed  upon  for 
the  said  consolidated  district,  and  if  such  consolidation  is  adopted  at 
such  election,  then  said  consolidation  shall  be  effective  and  such  con- 
solidated district,  under  the  said  name,  shall  succeed  to  all  of  the 
rights,  privileges  and  properties  of  all  of  the  districts  participating 
in  such  consolidation  and  shall  be  subject  to  all  of  the  indebtedness, 
bonded  and  otherwise,  thereof,  as  so  respectively  apportioned,  and  all 
future  assessments  necessary  shall  be  levied  in  accordance  with  such 
apportionment. 

Within  ten  days  after  said  consolidation  is  made,  the  board  of 
directors  of  said  consolidated  district  shall  make  an  order  declaring 
such  consolidation  effective  and  setting  out  the  date  that  same  became 
effective  and  the  boundaries  of  said  consolidated  district.  A  copy  of 
said  order,  duly  certified  by  the  president  and  secretary  thereof,  shall 
be  forthwith  filed  for  record  in  the  oflBce  of  the  county  recorder  of 
each  county  in  which  any  lands  of  said  district  are  situate. 

Sale  of  bonds. 

Sec.  10.  Any  bonds  of  any  irrigation  district,  or  districts,  partici- 
pating in  such  consolidation  pursuant  to  the  provisions  of  this  act, 
which  have  been  authorized  by  the  electors  of  such  district,  or  districts, 
prior  to  such  consolidation,  but  which  have  not  been  issued,  may,  by 
order  of  the  board  of  directors  of  the  consolidated  district,  be  sold  or 
disposed  of  in  the  manner  provided  in  sections  thirty-two  and  thirty- 
two  a,  respectively,  of  the  California  irrigation  district  act,  and  the 
proceeds  thereof  applied  to  the  purpose  for  which  such  bonds  were 
authorized.     (Stats.  1925,  p.  802.) 

B.     WATER  DISTRICT  MAY  INCLUDE  TERRITORY  OF  AN 
IRRIGATION  DISTRICT. 

Section  la,  added,  by  Statutes  1921,  p.  1142,  to  the  act  of  June  13, 
1913,  which  provides  for  organization  of  water  districts  by  county 
boards  of  supervisors,  authorizes  "all  or  any  part  of  lands  embraced 
within  the  boundaries  of  any  irrigation  district"  to  be  included  in 
such  a  water  district  under  certain  conditions.  Said  section  is  printed 
below.  For  the  entire  text  of  the  act,  see  Stats.  1913,  p.  815 ;  amended 
Stats.  1917,  p.  1408;  Stats.  1921,  p.  1142.  (Deering,  Gen.  Laws,  Act 
No.  4349a.) 

Sec.  la.  All  or  any  part  of  lands  embraced  within  the  boundaries 
of  any  irrigation  district  now  or  hereafter  organized  under  any  law 
or  laws  whatsoever  of  the  State  of  California  may  be  organized  into  or 
included  in  a  water  district  formed  under  the  provisions  of  this  act: 
provided,  that  eighty  per  cent  of  the  land  within  the  boundaries  of  tho 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  227 

proposed  water  district  is  not  under  irrigation  at  the  time  of  the  forma- 
tion of  the  water  district;  provided,  further,  that  no  land  within  an 
irrigation  district  which  is  also  within  the  boundaries  of  a  water  district 
formed  under  the  provisions  hereof  shall  be  released  from  any  of  the 
burdens,  obligations,  liabilities,  or  control  of  or  under  said  irrigation 
district  by  virtue  of  the  formation  of  the  water  district  and  shall  in 
every  respect  continue  to  be  a  part  of  said  irrigation  district  despite 
the  formation  of  said  water  district ;  provided,  further,  that  such  water 
district  may  not  issue  bonds  in  excess  of  such  an  amount  as  may  be 
authorized  and  designated  by  the  irrigation  district  bond  commission 
created  by  the  act  entitled,  "An  act  relating  to  bonds  of  irrigation 
districts,  providing  under  what  circumstances  such  bonds  shall  be  legal 
investments  for  funds  of  banks,  insurance  companies  and  trust  com- 
panies, trust  funds,  state  school  funds  and  any  money  or  funds  which 
may  now  or  hereafter  be  invested  in  bonds  of  cities,  cities  and  counties, 
counties,  school  districts  or  municipalities,  and  providing  under  what 
circumstances  tlie  use  of  bonds  of  irrigation  districts  as  security  for  the 
performance  of  any  act  may  be  authorized,"  approved  June  13,  1913, 
or  such  other  state  commission,  department  or  agency  that  may  super- 
sede said  commission  or  succeed  to  its  functions.     (Stats.  1921,  p.  1143.) 

C.     COOPERATIVE  AGREEMENTS  WITH  DISTRICTS  IN  OTHER  STATES. 

An  act  to  provide  for  cooperation  in  acquisition,  canstructimi  and 
management  of  irrigation  and  drainage  works  hettveen  irrigation 
districts  organized  or  existing  under  or  by  virtue  of  an  act  entitled 
''An  act  to  provide  for  organization  and  government  of  irrigation 
districts  and  to  provide  for  the  acquisition  thereby  of  works  for  the 
irrigation  of  the  lands  embraced  within  such  districts,  and  also  to 
provide  for  the  distribution  of  water  for  irrigation  purposes," 
approved  March  31,  1897,  and  contiguous  or  adjoining  districts  in 
or  organized  under  the  laws  of  other  states. 

(Approved  May  23,  1917;  Stats.  1917,  p.  905.) 

Cooperation  with  districts  in  adjoining  states. 

Section  1.  It  shall  be  lawful  for  irrigation  districts  organized  or 
existing  under  or  by  virtue  of  an  act  entitled  "An  act  to  provide  for 
the  organization  and  government  of  irrigation  districts,  and  to  provide 
for  the  acquisition  or  construction  thereby  of  works  for  the  irrigation 
of  the  lands  embraced  within  such  districts,  and  also  to  provide  for 
the  distribution  of  water  for  irrigation  purposes,"  approved  March  31, 
1897,  to  enter  into  agreements  with  irrigation  districts  in  adjoining 
states  for  the  joint  construction,  acquisition,  management  and  control 
of  diverting,  impounding  or  distributing  works  for  irrigation  or  drain- 
ing lands  within  the  boundaries  of  their  respective  districts. 

Contracts. 

Sec.  2.  Such  agreements  may  be  evidenced  by  written  contracts 
executed  on  behalf  of  their  respective  boards  of  directors  or  trustees, 
or  by  resolutions  entered  upon  their  respective  minutes.  Such  con- 
tracts or  certified  copies  thereof  and  certified  copies  of  such  resolutions 
shall  be  recorded  in  the  oflSce  of  the  county  recorder  in  each  county  in 


228  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

which  is  situated  any  of  the  lands  of  said  districts  or  any  of  the  reser- 
voir sites  or  other  real  property  owned  by  said  districts  or  acquired 
under  the  provisions  of  this  act. 

Property  interests. 

Sec.  3.  Such  agreements  may  provide  for  joint  or  several  owner- 
ship or  ownership  in  common  of  the  property,  necessary  or  convenient 
for  the  purposes  of  this  act  and  may  provide  for  the  terms  and  condi- 
tions under  which  or  the  respective  proportions  in  which  such  property 
shall  be  held.  Any  rights  or  disputes  arising  out  of  or  from  said  agree- 
ments may  be  tried  before  and  enforced  by  any  court  of  competent 
jurisdiction  in  the  state. 

Meetings. 

Sec.  4.  Any  meeting  of  the  board  of  directors  of  any  such  district, 
held  in  conjunction  with  the  board  of  directors  of  the  cooperating  dis- 
trict, in  such  district  in  the  adjoining  state,  if  duly  and  regularly  called 
as  required  by  law  or  if  regularly  adjourned  to,  shall  be  as  lawful  and 
valid  as  if  held  at  the  office  of  the  board  of  directors  of  such  district 
in  this  state. 

Diversion  of  water. 

Sec.  5.  It  shall  be  lawful,  for  the  purposes  of  such  cooperative 
action  to  divert  water  from  this  state  for  impounding  in  the  adjoining 
state  or  otherwise  for  distribution  to  the  lands  of  the  cooperating  dis- 
tricts regardless  of  the  state  in  which  such  lands  are  situated  or  to 
divert  water  from  such  adjoining  state  for  impounding  or  otherwise 
for  distribution  to  the  lands  of  such  cooperating  districts  in  this  or  the 
adjoining  state. 

Property  outside  state. 

Sec.  6.  So  far  as  may  be  necessary  for  fully  carrying  out  the  pur- 
poses of  this  act  such  cooperating  district  in  the  adjoining  state  may 
hold  title  to  property,  in  this  state  and  sucli  cooperating  district  in  this 
state  may  hold  title  to  property  in  the  adjoining  state. 

D.     CXX)PERATION    WITH    FEDERAL    GOVERNMENT    FOR    CONSTRUC- 
TION. OPERATION,  OR  MAINTENANCE  OF  WORKS. 

An  act  to  authorize  irrigation  districts  to  cooperate  and  contract  with 
the  United  States  under  the  provisions  of  the  federal  reclamation 
laws  for  a  icater  supply,  or  the  construction,  operation  or  mainte- 
nance of  works,  including  drainage  works,  or  for  the  assumption 
by  the  district  of  indebtedness  to  the  United  States  on  account  of 
district  land;  and  to  provide  the  manner  and  method  of  payments 
to  the  United  States  under  such  contract,  and  for  the  apportion- 
ment of  assessments,  and  levy  thereof,  upon  tJie  lands  of  the  district 
to  secure  revenue  for  such  payments,  and  to  provide  for  the  judicial 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS,  229 

review  and  determination  of  the  validity  of  the  proceedings  in  con- 
nection with  such  contract. 

(Approved  May  5,  1917;   Stats.   1917.  p.  243.) 

Contracts  with  United  States — irrigation  or  drainage. 

Section  1.  In  addition  to  the  powers  with  which  irrigation  dis- 
tricts have  been  vested  under  the  act  approved  March  81,  1897,  and 
acts  amendatory  thereof  or  supplementary  thereto  and  acts  of  or  to 
which  said  act  is  amendatory  or  supplementary,  irrigation  districts 
heretofore  or  hereafter  organized  under  said  acts  shall  have  the  follow- 
ing powers :  To  cooperate  and  contract  wuth  the  United  States  under  the 
federal  reclamation  act  of  June  17,  1902,  and  all  acts  amendatory 
thereof  or  supplementary  thereto,  or  any  other  act  of  congress  heretofore 
or  hereafter  enacted  authorizing  or  permitting  such  cooperation,  for 
purposes  of  construction  of  works,  whether  for  irrigation  or  drainage, 
or  both,  or  for  the  acquisition,  purchase,  extension,  operation  or  mainte- 
nance of  constructed  works,  or  for  a  water  supply,  or  for  the  assump- 
tion as  principal  or  guarantor  of  indebtedness  to  the  United  States  on 
account  of  district  lands. 

General  powers  of  district. 

Sec.  2.  The  board  of  directors  shall  generally  perform  all  such 
acts  as  shall  be  necessary  to  carry  out  the  enlarged  powers  in  this  act 
enumerated.  Said  board  may  enter  into  any  obligation  or  contract 
with  the  United  States  for  the  aforesaid  purposes,  and  may  provide 
therein  for  the  delivery  and  distribution  of  water  for  the  lands  of  such 
district  under  the  aforesaid  acts  of  congress  and  the  rulcj  and  regula- 
tions established  thereunder.  The  contract  may  provide  for  the  con- 
veyance to  the  United  States  as  partial  consideration  for  the  privileges 
obtained  by  the  district  under  said  contract,  of  water  rights  or  other 
property  of  the  district ;  and  in  case  contract  has  been  or  may  hereafter 
be  made  with  the  United  States  as  herein  provided,  bond«;  of  the  district 
may  be  transferred  to,  or  deposited  with  the  United  States,  if  so 
provided  by  said  contract  and  authorized  as  hereinafter  set  forth,  at 
not  less  than  ninety-five  per  cent  of  their  par  value,  to  the  amount  to  be 
paid  by  the  district  to  United  States  or  any  part  thereof;  the  interest, 
or  principal,  or  both,  on  said  bonds  to  be  raised  by  assessment  and 
levy  as  hereinafter  prescribed,  and  to  be  regularly  paid  to  the  United 
States  and  applied  as  provided  in  said  contract.  Bonds  transferred  to 
or  deposited  with  the  United  States  may  call  for  the  payment  of  such 
interest  not  exceeding  six  per  cent  per  annum,  may  be  of  such  denomi- 
nation, and  may  call  for  the  repayment  of  the  principal  at  such  times 
as  may  be  agreed  upon  between  the  board  and  the  secretary  of  the 
interior.  The  contract  with  the  United  States  may  likewi<;e  call  for  the 
payment  of  the  amount  or  amounts  to  be  paid  by  the  district  to  the 
United  States  or  any  part  thereof  at  such  times  and  in  such  installments 
and  with  such  interest  charges  not  exceeding  the  aforesaid  rate  as  may 
be  agreed  upon,  and  for  assessment  and  levy  therefor  as  hereinafter 
provided.     Moreover  the  board  may  accept  on  behalf  of  the  district, 


230  CALIFORNIA   IRRIGATION  DISTRICT   LAWS. 

appointment  of  the  district  as  fiscal  agent  of  the  United  States,  or 
authorization  of  the  district  by  the  United  States  to  make  collection  of 
moneys  for  or  on  behalf  of  the  United  States  in  connection  with  any 
federal  reclamation  project  whereupon  the  district  shall  be  authorized 
so  to  act  and  to  assume  the  duties  and  liabilities  incident  to  such  action, 
and  the  said  board  shall  have  full  power  to  do  any  and  all  things 
required  by  the  federal  statutes  now  or  hereafter  enacted  in  connection 
therewith,  and  all  things  required  by  the  rules  and  regulations  now  or 
that  may  hereafter  be  established  by  any  department  of  the  federal 
government  in  regard  thereto.  Districts  cooperating  with  the  United 
States  may  rent  or  lease  water  to  private  lands,  entryraen,  or  munici- 
palities in  the  neighborhood  of  the  district,  in  pursuance  of  contract 
with  the  United  States. 

Election. 

Sec.  3.  Any  proposal  to  enter  into  a  contract  with  the  United 
States  for  the  repayment  of  construction  moneys,  the  cost  of  a  water 
supply  or  the  acquisition  of  property,  and  to  issue  bonds,  if  any  be 
proposed,  shall  be  voted  upon  at  an  election  wherein  proceedings  shall  be 
had  in  so  far  as  applicable  in  the  manner  provided  in  the  case  of  the 
ordinary  issuance  of  district  bonds.  Said  proposal,  with  such  plans 
and  estimates  of  cost  as  have  been  made  in  connection  therewith,  shall 
be  submitted  to  the  state  engineer  for  his  examination  and  report,  and 
the  proceedings  in  that  regard  shall  be  in  accord  with  section  thirty  of 
the  act  approved  March  31,  1897,  as  amended,  in  so  far  as  the  same 
may  be  applicable.  Notice  of  the  election  herein  provided  for  shall 
contain  in  addition  to  the  information  required  in  the  ii??e  of  ordinary 
bond  election  a  statement  of  the  maximum  amount  of  money  to  be 
payable  to  the  United  States  for  construction  purposes,  cost  of  watei 
supply  and  acquisition  of  property,  exclusive  of  penalties  and  interest, 
together  with  a  general  statement  of  the  property,  if  any,  to  be  con- 
veyed by  the  district  as  hereinabove  provided.  The  ballots  at  such 
election  shall  contain  a  brief  statement  of  the  general  purpose  of  said 
contract  and  the  amount  of  the  obligation  to  be  assumed,  as  aforesaid, 
with  the  words  "Contract — Yes"  and  "Contract — No,"  or  "Contract 
and  bonds — Yes ' '  and  ' '  Contract  and  bonds — ^No, ' '  as  the  case  may  be. 
The  board  of  directors  may  submit  any  such  contract  or  proposed 
contract  and  bond  issue  if  any,  to  the  superior  court  of  the  county 
wherein  is  located  the  office  of  said  board  to  determine  the  validity 
thereof  and  the  authority  of  the  board  to  enter  into  such  contract,  and 
the  authority  for  and  validity  of  the  issuance  and  deposit  or  transfer 
of  said  bonds;  whereupon  the  same  proceedings  shall  be  had  as  in  the 
ordinary  case  of  the  judicial  determination  of  the  validity  of  bonds 
and  with  like  effect. 

Distribution  of  water. 

Sec.  4.  All  water,  the  right  to  the  use  of  which  is  acquired  by  the 
district  under  any  contract  with  the  United  States  shall  be  distributed 
and  apportioned  by  the  district  in  accordance  with  the  acts  of  congress 
applicable  thereto,  the  rules  and  regulations  of  the  secretary  of  the 
interior  thereunder,  and  the  provisions  of  said  contract,  and  provision 
may  be  made  in  the  contract  between  the  district  and  the  United  States 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  231 

for  the  refusal  of  water  service  to  any  or  all  lands  which  may  become 
delinquent  in  the  payment  of  any  assessment  levied  for  the  purpose  of 
carrying  out  any  contract  between  the  district  and  the  United  States. 

Rights  of  way. 

Sec.  5.  Any  rights  of  way  or  other  property  owned  or  acquired 
by  the  district  may  be  conveyed  by  the  board  to  the  United  States  in  so 
far  as  the  same  may  be  needed  for  the  construction,  operation  and 
maintenance  of  \\Torks  by  the  United  States  for  the  benefit  of  the  district 
under  any  contract  that  may  be  entered  into  with  the  United  States 
pursuant  to  this  act. 

Assessments. 

Sec.  6.  All  payments  due  or  to  become  due  to  the  United  States 
under  any  contract  between  the  district  and  the  United  States,  includ- 
ing such  payments  of  interest  and  principal  on  bonds  as  may  be  required 
in  connection  with  a  deposit  or  transfer  thereof  to  the  United  States, 
shall  be  paid,  unless  otherwise  provided  by  contract,  by  revenue  derived 
from  annual  assessments,  apportioned  as  hereinafter  prescribed,  and 
levies  thereof,  upon  such  real  property  within  the  district  as  may  be 
assessable  for  district  purposes  under  the  laws  of  the  state,  and  such 
real  property  shall  be  and  remain  liable  to  be  assessed  and  levied 
upon  for  such  payments  as  herein  provided.  It  shall  be  the  duty  of  the 
board  of  directors  annually  to  levy  an  assessment  sufficient  to  raise  the 
money  necessary  to  meet  all  payments  when  due  as  provided  in  the 
contract.  All  money  collected  in  pursuance  of  such  contract  by  assess- 
ments and  levies,  or  otherwise,  shall  be  paid  into  the  district  treasury 
and  held  in  a  fund  to  be  known  as  the  "United  States  contract  fund," 
to  be  used  for  payments  due  to  the  United  States  under  any  such  con- 
tract. Public  lands  of  the  United  States  within  any  district  shall  be 
subject  to  assessment  for  all  purposes  of  this  act  to  the  extent  provided 
for  by  the  act  of  congress  approved  August  11',  1916,  entitled  "An  act 
to  promote  reclamation  of  arid  lands,"  or  any  other  law  which  may 
hereafter  be  enacted  by  congress  in  the  same  relation,  upon  full  com- 
pliance therewith  by  the  district.  Nothing  in  this  act  contained  shall 
be  construed  to  relieve  the  district  from  obligation  to  pay  as  a  district 
in  case  of  default  of  any  land,  unless  so  provided  by  the  said  contract 
between  the  district  and  the  United  States. 

Assessments  made  for  benefits. 

Sec.  7.  The  assessment  required  in  any  year  to  meet  the  payment 
due  to  the  United  States  for  all  purposes  under  the  contract  as  in  this 
act  provided  may  be  apportioned  in  accordance  with  the  benefits,  and  in 
the  ascertainment  of  such  benefits  there  shall  be  taken  into  account  the 
provisions  of  the  contract  between  the  United  States  and  the  district, 
the  federal  laws  applicable  thereto,  and  the  notices  and  regulations 
issued  in  pursuance  of  said  laws,  and  in  case  such  contract  is  for  the 
assumption  by  the  district  as  principal  or  guarantor  of  indebtedness  to 
the  United  States  theretofore  existing  on  account  of  district  lands, 
there  shall  be  further  taken  into  account  the  provisions  of  existing  con- 
tracts canying  such  indebtedness  and  the  amounts  of  such  liens  as  may 


232  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

be  released  in  pursuance  of  the  contract  between  the  United  States  and 
the  district. 

Change  in  district  boundaries. 

Sec.  8.  Where  contract  shall  have  been  entered  into  between  the 
United  States  and  any  irrigation  district  the  district  shall  not  be 
dissolved,  nor  shall  the  boundaries  be  changed,  except  upon  written 
consent  of  the  secretary  of  the  interior  filed  with  the  offi^nal  records  of 
the  district.  If  such  consent  be  given  and  lands  be  excluded,  the  areas 
excluded  shall  be  free  from  all  liens  and  charges  for  payments  to  become 
due  to  the  United  States. 

Saving  clause. 

Sec.  9.  The  provisions  of  the  general  irrigation  district  act, 
approved  INIarch  31,  1897,  and  acts  amendatory  thereof  or  supplemental 
thereto,  shall  be  and  remain  in  force  as  regards  irrigation  districts  in 
this  act  referred  to  except  in  so  far  as  herein  modified  expressly  or  by 
necessary  implication ;  and  nothing  in  this  act  shall  be  so  construed  as 
to  affect  irrigation  district  operations  not  related  to  cooperation  with 
the  United  States.  However,  the  provisions  of  section  fifty-three  of 
said  act,  approved  March  31,  1897,  shall  not  apply  in  case  of  any  con- 
tract between  an  irrigation  district  and  the  United  States. 

E.     COOPERATION  UNDER  FEDERAL  TWENTY  YEAR  EXTENSION  ACT. 

An  act  authorizing  and  empoivering  iirigation  and  reclamation  districts 
to  enter  into  contracts  with  the  United  States  reclamation  service 
for  the  reclamation  of  lands  ivithin  such  districts  under  the  provi- 
sions of  the  so-called  "twenty  year  extension  act." 

(Approved  May  21,  1917;  Stats.  1917,  p.  781.) 
Contracts  with  reclamation  service. 

Section  1.  The  board  of  trustees,  or  directors  of  any  irrigation  or 
reclamation  district  now  organized  under  the  provisions  of  the  laws  of 
the  State  of  California,  or  of  any  irrigation  or  reclamation  district 
hereafter  organized  under  the  laws  of  the  State  of  California,  may,  in 
their  discretion,  whenever  it  is  determined  by  such  board  that  it  is  for 
the  best  interests  of  such  districts,  enter  into  a  contract  with  the  proper 
ofiScers  of  the  United  States  Reclamation  Service  for  the  reclamation, 
either  by  drainage  or  irrigation  of  lands  within  the  boundaries  of  such 
district,  or  by  preventing  high  water  from  overflowing  the  same,  under 
the  provisions  of  an  act  of  congress  approved  August  13,  1914,  entitled 
"An  act  extending  the  period  of  payment  under  reclamation  projects, 
and  for  other  purposes,"  which  act  is  commonly  known  as  the  twenty 
year  extension  act,  and  from  and  after  the  execution  of  such  contract, 
the  amount  of  indebtedness  created  thereby  shall  be  and  become  a 
lien  upon  the  lands  to  be  benefited  by  such  reclamation  work. 

Payments. 

Sec.  2.  The  board  of  trustees  or  directors  of  any  irrigation  or 
reclamation  district  above  mentioned,  shall  provide  by  a  resolution  duly 
adopted  at  a  regular  meeting,  or  special  meeting  of  such  board  called 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  233 

for  the  purpose,  for  the  payments  of  the  amounts  to  become  due  under 
the  contract  with  the  United  States,  according  to  the  provisions  of  such 
contract,  by  assessment  upon  the  lands,  in  such  district,  which  are  to  be 
benefited  by  such  work,  such  assessment  to  be  collected  by  the  tax  col- 
lector of  the  county  within  which  such  lands  are  situated,  the  same  as 
other  taxes  are  collected,  or  by  any  other  officer  authorized  by  law  to 
collect  assessments  within  said  district. 

f.    ihstuk  ts  .may  unite  for  i'ltoductiox  of  materials. 

Political  Code. 
Cement  plants,  rock  quarries,  etc. 

Sec.  4041e.  Counties,  cities  and  irrigation  districts  may  jointly  or 
severally  purchase,  lease,  or  otherwise  acquire,  or  operate,  manage  and 
control  rock  quarries,  rock  plants,  sand  pits,  cement  plants,  and  other 
works  or  projects  for  the  extraction,  manufacture,  or  preparation  of 
rock,  sand,  cement  and  other  materials  used  by  them  in  performing 
county,  city,  or  district  functions.    (Section  added.  Stats.  1921,  p.  191.) 


234  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

2.     CONSTRUCTION  OF  WORKS. 

A.  THE  DOING  OF  PUBLIC  WORK  BY  DAY  LABOR. 

An  act  relating  to  the  doing  of  public  work  by  day's  labor  or  force 
account,  except  emergency  and  maintenance  work  and  work  costing 
less  than  ten  thousand  dollars;  requiring  the  state  highway  engi- 
neer, state  engineer,  the  state  architect,  county  engineers,  county 
surveyors,  city  and  county  engineers,  county  highway  engineers, 
road  comrnissioners,  city  engineers,  commissioners  of  public  works, 
superintendents  of  streets,  harbor  engineers,  flood  control  engin- 
eers, and  the  engineers  of  any  reclamation,  irrigation  or  other  dis- 
tricts, political  subdivisions  or  agencies  of  the  state  directing,  super- 
vising or  superintending  such  work,  or  in  charge  of  the  engineering 
for  or  in  connection  therewith,  to  keep  the  costs,  prepare  and  file 
plans,  specifications  and  estimates  of  cost,  and,  upon  completion, 
prepare  and  file  certificates  of  cost  thereof;  and  providing  for  the 
keeping  of  such  plans,  specifications  and  certificates  as  public  rec- 
ords. 

(Approved  June  21,  1923,  Stats.  1923,  p.  1053;  amended  Stats.  1925,  p.  292.) 

Section  1.  It  shall  be  the  duty  of  the  state  highway  engineer,  the 
state  engineer,  the  state  architect,  and  of  every  county  engineer, 
county  surveyor,  citj^  and  county  engineer,  county  highway  engineer, 
road  commissioner,  city  engineer,  commissioner  of  public  works,  super- 
intendent of  streets,  harbor  engineer,  flood  control  engineer,  the  engi- 
neer of  any  board  or  commission  of  the  state,  the  engineer  of  any  board 
or  commission  of  any  city  or  city  and  county,  and  the  engineer  of  any 
reclamation,  irrigation  or  other  district,  political  subdivision  or  agency 
of  the  state  directing,  supervising  or  superintending  the  construction, 
or  in  charge  of  engineering  work  for  or  in  connection  with  the  con- 
struction of  any  bridge,  road,  street,  highway,  ditch,  canal,  dam, 
tunnel,  excavation,  building  or  structure  within  the  state  by  day's 
labor  or  force  account,  except  maintenance  work,  work  occasioned  by 
emergency  and  work  costing  less  than  five  thousand  dollars,  to  keep 
an  accurate  account  of  the  cost  of  such  work ;  to  prepare  and  file  in  his 
office,  prior  to  the  commencement  of  the  work,  full,  complete  and 
accurate  plans  and  specifications,  and  an  estimate  of  the  cost  thereof, 
except  where  other  and  adequate  provision  is  made  by  law  requiring 
the  preparation  and  filing  of  such  plans,  specifications  and  estimates 
of  cost  by  some  other  officer,  or  in  some  other  office ;  and  within  sixty 
days  from  the  completion  of  any  such  work,  to  prepare  and  file  in  the 
office  of  the  county  clerk  of  the  county  in  which  the  work  is  performed, 
or  if  any  such  reclamation,  irrigation  or  other  district  maintains  an 
office,  then  in  the  office  of  his  own  such  district  instead  of  the  office  of 
the  county  clerk,  a  certificate  in  writing  verified  by  him  in  the  same 
manner  as  complaints  in  civil  actions,  setting  forth  the  estimate  of 
cost,  names  of  bidders  with  prices  bid,  if  bids  there  be,  changes  in 
adopted  or  approved  plans  and  specifications,  that  the  work  performed 
has  or  has  not  been  done  in  accordance  with  such  plans  and  specifica- 
tions, a  list  of  any  publicly  owned  equipment  used  in  the  work,  and  an 
itemized  statement  of  the  actual  cost  of  all  labor,  materials,  rentals, 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  235 

repairs,  compensation  and  other  insurance,  transportation  of  labor, 
equipment  and  materials,  engineering  or  architectural  services  includ- 
ing the  services  of  public  employees  in  connection  with  such  work,  and 
any  and  all  cost  entering  into  the  work  performed,  including  a  reason- 
able amount  for  depreciation  of  publicly-owned  equipment  used  in  the 
work  and  the  costs  of  repairs  thereon  while  so  used.  (Stats.  1925, 
p.  292.) 

Sec.  2.  Such  plans,  specifications  and  certificates  shall  be  open  to 
inspection  and  examination  as  a  public  record. 

Sec.  3.  Every  such  public  officer  or  public  employee  mentioned  in 
section  one  of  this  act  who  wilfully  violates  any  of  the  provisions  of 
this  act  is  guilty  of  a  misdemeanor.     (Stats.  1925,  p.  292.) 

B.  SECURITY  FOR  CLAIMS  AGAINST  CONTRACTOR. 

An  act  to  secure  the  payment  of  claims  of  persons  employed  hy  con- 
tractors upon  public  works,  and  the  claims  of  persons  who  furnish 
materials,  supplies,  teams,  implements  or  machinery  used  or  con- 
sumed hy  such  contractors  in  the  performance  of  such  works,  and 
prescribing  the  duties  of  certain  public  officers  wiih  respect  thereto. 

(Approved  May  10.  1919,  Stats.  1919.  p.  487;  amended  Stats.  1925,  p.  538.) 

Section  1.  Every  contractor,  person,  company,  or  corporation,  to 
whom  is  awarded  a  contract  for  the  improvement,  erection  or  con- 
struction of  any  building,  road,  bridge  or  other  structure,  excavating, 
or  other  mechanical  work  for  this  state,  or  for  any  political  subdivision 
or  agency  of  the  state  shall,  before  entering  upon  the  performance  of 
such  work,  file  with  the  commissioners,  managers,  trustees,  officers, 
board  of  supervisors,  board  of  trustees,  common  council,  or  other  body 
by  whom  such  contract  was  awarded,  a  good  and  sufficient  bond,  to 
be  approved  by  such  contracting  body,  officers  or  board,  in  a  sum  not 
less  than  one-half  of  the  total  amount  paj-able  by  the  terms  of  the 
contract ;  such  bond  shall  be  executed  by  either  two  or  more  good  and 
sufficient  sureties  or  by  corporate  surety  as  provided  by  law,  in  an 
amount  not  less  than  the  sum  specified  in  the  bond,  and  must  provide 
that  if  the  contractor,  person,  company,  or  corporation,  or  his  or  its 
subcontractors,  fail  to  pay  for  any  materials,  provisions,  provender 
or  other  supplies,  or  teams,  used  in,  upon,  for  or  about  the  perform- 
ance of  the  work  contracted  to  be  done,  or  for  any  work  or  labor  thereon 
of  any  kind,  that  the  surety  or  sureties  will  pay  for  the  same,  in  an 
amount  not  exceeding  the  sum  specified  in  the  bond,  and  also,  in  case 
suit  is  brought  upon  such  bond,  a  reasonable  attorney's  fee,  to  be 
fixed  by  the  court.  Such  bond  must  by  its  terms  inure  to  the  benefit 
of  any  and  all  persons,  companies  and  corporations  entitled  to  file 
claims  under  this  act  so  as  to  give  a  right  of  action  to  them  or  their 
assigns  in  any  suit  brought  upon  said  bond.  Unless  such  bond  is  filed 
as  herein  provided,  no  claim  in  favor  of  the  contractor  arising  under 
such  contract  shall  be  audited,  allowed,  or  paid  by  any  public  officer 
of  this  state,  or  of  any  political  subdivision  or  state  agency,  but  persons 
who  have  in  good  faith  performed  work  upon  such  contract,  or  sup- 
plied materials  for  the  execution  thereof,  shall,  upon  giving  the  notice 
prescribed  in  section  two  hereof,  be  entitled  to  receive  payment  of 


236  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

their  respective  claims  in  the  manner  provided  by  sections  one  thousand 
one  hundred  eighty-four,  one  thousand  one  hundred  eighty-four  a,  one 
thousand  one  hundred  eighty-four  h,  and  one  thousand  one  hundred 
eighty-four  c  of  the  Code  of  Civil  Procedure.     (Stats.  1925,  p.  538.) 

County  of  Sutter  vs.   Superior  Court,  188  Cal.   292  ; 

Burr  vs.   Gardella,  53   Cal.   App.   377  ; 

McMorrey  et  al  vs.  Superior  Cojirt  of  Sutter  County,  54  Cal.  App.  76  ; 

Evans   vs.    Shackelford,   64    Cal.    App.    750. 

Sec.  2.  Any  materialman,  person,  company  or  corporation  furnish- 
ing materials,  provisions,  provender  or  other  supplies  used  in,  upon, 
for  or  about  the  performance  of  the  work  contracted  to  be  executed 
or  performed,  or  any  person,  company  or  corporation  renting  or  hiring 
teams  or  implements  or  machinery  for  or  contributing  to  said  work  to 
be  done,  or  any  person  who  performed  work  or  labor  upon  the  same, 
or  any  person  who  supplies  both  w^ork  and  materials,  and  whose  claim 
has  not  been  paid  by  the  contractor,  company  or  corporation,  to  whom 
the  contract  has  been  awarded,  or  by  the  subcontractors  of  said  eon- 
tractor,  company,  or  corporation,  may  at  any  time  prior  to  the  expira- 
tion of  the  period  within  which  claims  of  lien  must  be  filed  for  record 
as  prescribed  by  section  one  thousand  one  hundred  eighty-seven  of  the 
Code  of  Civil  Procedure  file  Avith  the  commissioners,  managers,  trustees, 
officers,  board  of  supervisors,  board  of  trustees,  common  council,  or 
other  body  by  whom  such  contract  was  awarded,  or  with  the  con- 
troller, auditor,  or  other  public  disbursing  officer  whose  duty  it  is  to 
make  payments  under  the  provisions  of  such  contract  a  verified  state- 
ment of  such  claims,  together  with  a  statement  that  the  same  have  not 
been  paid.  It  shall  be  lawful  for  the  state  or  any  public  board,  com- 
mission, or  officer  thereof,  or  any  political  subdivision  thereof,  within 
ten  days  after  the  completion  of  any  contract  or  structure,  or  work  of 
improvement,  provided  for  in  this  act,  or  within  ten  days  after  there 
has  been  a  cessation  from  labor  thereon  for  a  period  of  thirty  days,  to 
file  for  record  in  the  office  of  the  county  recorder  of  the  county  or 
counties  where  the  property  is  situated,  a  notice  setting  forth  the  date 
when  the  same  was  completed  or  on  which  cessation  from  labor  occurred, 
together  with  the  name  of  the  state  or  such  public  board,  commission 
or  officer  thereof,  or  such  political  subdivision  thereof  and  a  description 
of  the  property  or  public  work  or  structure  sufficient  for  identification 
and  the  name  of  the  contractor  or  contractors,  the  names  of  the 
sureties,  if  any,  which  notice  shall  be  verified  by  some  officer  of  the 
state  or  some  member  of  such  board,  commission  or  officer  thereof, 
or  of  such  political  subdivision  thereof,  and  in  case  such  notice  be 
not  so  filed,  the  failure  to  so  file  shall  have  the  same  effect  as  is 
provided  in  section  one  thousand  one  hundred  eighty-seven  of  the 
Code  of  Civil  Procedure  with  reference  to  the  "owner."  Actions 
against  the  state,  public  board,  commission,  or  officer  thereof,  or  the 
political  subdivision  of  the  state,  or  the  disbursing  officer  whose  duty 
it  is  to  make  payments  under  the  provisions  of  the  contract  for  the 
public  improvement  in  question,  brought  by  any  claimant  who  has 
filed  claim  under  this  act,  or  his  assign,  shall  be  governed  by  the  pro- 
visions of  section  one  thousand  one  hundred  eighty-four,  one  thousand 
one  hundred  eighty-four  a,  one  thousand  one  hundred  eighty-four  &. 


CALIFORNLV    IRRIGATION    DISTRICT    LAWS.  237 

and  one  thousand  one  hundred  eighty-four  c  of  the  Code  of  Civil  Pro- 
cedure and  the  verified  notice  provided  for  in  the  said  sections  shall  be 
equivalent  for  all  purposes  to  the  verified  claim  provided  for  herein. 

No  assignment  by  the  contractor  of  the  whole  or  any  part  of  the 
money  due  him  or  to  be  due  him  under  the  contract,  or  for  "extras" 
in  connection  therewith,  whether  made  before  a  verified  claim  is  filed 
as  provided  for  herein  or  after  .said  claim  is  filed,  shall  be  held  to  take 
priority  over  claims  filed  under  this  section  and  such  assignment  shall 
have  no  binding  force  in  so  far  as  the  rights  of  the  claimants  who  file 
claims  thereunder,  or  their  a.ssigns,  are  concerned ;  provided,  that 
nothing  in  this  section  shall  be  construed  to  prohibit  the  payment  of 
any  money  to  the  contractor  or  his  assigns,  so  long  as  no  verified  claim 
is  on  file  before  the  disbursing  officer  shall  have  actually  surrendered 
pos.se.ssion  of  the  warrant,  checks,  bonds,  or  money  or  the  payment  to 
said  contractor  or  his  assigns  of  any  money  due  him  or  his  as.signs 
over  and  above  the  total  amount  of  the  claims  filed  at  that  time  plus 
such  interest  and  court  costs  as  might  be  reasonably  anticipated  in 
connection  with  said  claims. 

Suit  against  the  surety  or  sureties  on  the  bond  of  the  contractor 
required  under  section  one  hereof,  may  be  brought  by  any  claimant, 
or  his  assign,  at  any  time  after  the  claimant  has  ceased  to  perform 
labor  or  furnish  material  or  both  and  until  the  expiration  of  six 
months  after  the  period  in  which  verified  claims  may  be  filed  as  pro- 
vided herein.  The  filing  of  a  verified  claim  shall  not  be  a  condition 
precedent  to  the  maintenance  of  such  action  against  the  surety  or 
sureties  on  the  bond  and  an  action  on  such  bond  may  be  maintained 
separately  from  and  without  the  filing  of  an  action  against  the  board, 
commission,  officer  or  other  body  hy  whom  such  contract  was  awarded. 
And  upon  the  trial  of  any  such  action,  the  court  shall  award  to  the 
prevailing  party  a  reasonable  attorney's  fee,  to  be  taxed  as  costs,  and 
to  be  included  in  the  judgment  therein  rendered. 

If  the  contractor,  subcontractor  or  other  person  against  whom  any 
claim  is  filed  as  provided  in  this  act  shall  dispute  the  correctness  or 
validity  of  any  claim  so  filed  it  shall  be  lawful  for  the  controller,  auditor 
or  other  public  disbursing  officer  whose  duty  it  is  to  make  payments 
under  the  provisions  of  such  contract  or  the  commissioner,  managers, 
trustees,  officers,  board  of  supervisors,  board  of  trustees,  common 
council  or  other  body  by  whom  the  contract  for  the  improvement  was 
awarded,  in  its  or  his  discretion,  to  permit  contractor  to  whom  said 
contract  was  awarded  to  deliver  to  such  board,  commission  or  officer  a 
bond  executed  by  .some  corporation  authorized  to  issue  surety  bonds  in 
the  State  of  California,  in  a  penal  sum  etpial  to  one  and  one-fourth  times 
the  amount  of  .said  claim,  which  said  bond  shall  guarantee  the  payment 
of  any  sum  which  said  claimant  may  recover  on  .said  claim  together  with 
his  costs  of  suit  in  said  action,  if  he  .shall  recover  therein,  and  upon  the 
filing  of  said  bond  by  and  with  the  consent  of  .such  board,  commission  or 
officer,  then  such  board,  commission  or  officer  sliall  not  withhold  any 
moneys  from  said  contractor  on  account  of  .said  claim.  The  sureties 
upon  said  bond  shall  be  jointly  and  severally  liable  to  said  claimant 


238  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

with  the  sureties  upon  the  bond  given  in  accordance  with  section  one 
of  this  act. 

County  of  Sutter  vs.  Superior  Court,  188  Gal.  292  ; 

Diamond  Match  Company  vs.  Aetna  Casualty  d  Surety  Company.  60  Cal. 
App.   425  ; 

Evans  vs.  Shackelford,  64  Cal.  App.  750. 

Sec.  3.  The  act  entitled  "An  act  to  secure  the  payment  of  the 
claims  of  materialmen,  mechanics,  or  laborers,  employed  by  contractors 
upon  .state,  municipal,  or  other  public  work,"  approved  March  27, 
1897,  and  all  acts  amendatory  thereof  are  hereby  repealed;  saving  to 
all  persons,  however,  all  rights  which  have  accrued  under  the  pro- 
visions of  said  statutes,  or  any  thereof. 


CALIFORNIA   IRBIGATION    DISTRICT   LAWS.  239 

3.    DISSOLUTION  OF  DISTRICTS. 

A.     VOLUNTARY  DLSSOLUTION  OF  DISTRICT.' 

An  act  to  provide  for  the  dissolution  of  irrigation  districts,  the  ascer- 
tainment and  discharge  of  their  indebtedness,  and  the  distribution 
of  their  property. 

(Approved    February    10,    1903,    Stats.    1903,    p.    3.     Amended    1909,    p.    139;    1911, 
Rx.  .Sess.,  p.  118;   1913.  p.  39;   1915.  p.  859.) 

District  may  dissolve. 

Section  1.  Any  irrigation  district  organized  under  the  provisions 
of  an  act  entitled  "An  act  to  provide  for  the  organization  and  govern- 
ment of  irrigation  districts,  and  to  provide  for  the  acquisition  of  water 
and  other  property,  and  for  the  distribution  of  water  thereby  for  irri- 
gation purposes,"  approved  March  7,  1887,  and  all  acts  supplementary 
thereto  or  amendatory  thereof,  including  an  act  entitled  "An  act  to 
provide  for  the  organization  and  government  of  irrigation  districts, 
and  to  provide  for  the  acquisition  or  construction  thereby  of  works 
for  the  irrigation  of  lands  embraced  within  such  districts,  and  also, 
to  provide  for  the  distribution  of  water  for  irrigation  purposes," 
approved  March  31,  1897,  may  be  dissolved  in  the  manner  hereinafter 
provided ;  provided,  that  in  case  a  contract  authorized  by  law  has  been 
made  between  the  district  and  the  United  States  for  the  construction, 
operation  and  maintenance  of  the  necessary  works  for  the  delivery  of 
water  or  for  a  water  supply,  no  such  district  shall  be  dissolved  and  no 
proceedings  entertained  by  any  court  or  otherwise  looking  to  the  dis- 
solution of  such  district,  until  the  written  assent  of  the  secretary  of  the 
interior  be  given  to  such  dissolution.     (Stats.  1915,  p.  859  ) 

Petition. 

Sec.  2.  A  majority  in  number  of  the  holders  of  title,  or  evidence  of 
title,  to  real  property  in  any  irrigation  district,  and  a  majority  in  value 
of  said  property  according  to  the  equalized  assessment  roll  of  said 
district  for  the  year  last  preceding  upon  which  any  assessment  has 
been  made,  may  propose  the  dissolution  of  said  district  by  a  petition 
signed  by  such  majority,  which  petition  shall  set  forth  the  amount  of 
the  outstanding  bonds,  coupons,  and  other  indebtedness,  if  such  there 
be,  together  with  a  general  description  of  the  same,  and  the  holders, 
so  far  as  known,  showing  the  amount  of  each  description  of  indebted- 
ness and  the  ownership,  so  far  as  known,  of  the  same.  Also  the  esti- 
mated cost  of  the  dissolution  of  said  district.  Said  petition  shall  also 
state  the  assets  of  said  district,  including  irrigation  system,  if  any, 
dams,  reservoirs,  canals,  franchises,  water  rights,  a  detailed  statement 
of  all  the  lands  sold  to  the  district  for  assessments,  and  the  amount  of 
the  assessments  on  each  parcel  of  land  sold,  also  all  assessments  unpaid, 
and  the  amount  upon  each  lot  or  tract  of  land,  and  all  other  assets  of 
the  district ;  and  in  case  any  proposition  has  been  made  by  the  holders 
of  said  indebtedness  to  settle  the  same,  said  proposition,  together  with 
any  plan  proposed  to  carry  the  same  into  execution,  shall  be  included 
in  said  petition. 

Eacondido  Mut.  Water  Co.  vs.  Escondido,  169  Gal.  774  ; 
Byington  vs.  Sec.  Valley  Westaide  Canal  Company,  170  Gal.  124. 


'Sale  or  lease  and  operation  of  canal  and  works  of  dissolved  district. 


240  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

Sec.  2^.  (Added,  Stats.  1911,  Ex.  Sess.,  p.  118;  probably  super- 
seded by  Sec.  2o,  added  Stats.  1913,  p.  39.) 

Election. 

Sec.  2a.  In  case  an  irrigation  district  has  no  indebtedness  not 
barred  by  the  statute  of  limitations  and  no  assets  and  has  ceased  to  be 
a  going  concern  and  has  no  irrigation  system  by  which  it  conveys  water 
for  irrigation  or  domestic  purposes  to  any  of  the  residents  of  such 
district,  the  petition  for  dissolution  mentioned  in  section  two  of  said 
act  shall  contain  statements  showing  such  facts  and  also  that  it  is  the 
desire  of  the  signers  of  such  petition  to  have  said  district  dissolved,  and 
such  petition  need  not  contain  any  other  statement  or  allegation,  and 
such  petition  need  only  be  signed  by  two-thirds  of  the  qualified  electors 
residing  in  such  district,  and  by  the  holders  of  title  or  evidence  of  title 
representing  at  least  fifty  per  cent  of  the  acreage  within  said  district 
and  not  less  than  fifty  per  cent  in  value  of  all  lands  lying  within  the 
exterior  boundaries  of  said  district,  the  value  of  said  lands  to  be 
determined  by  the  last  equalized  assessment  roll  of  said  district,  and 
such  petition  so  signed  and  containing  such  statements  and  allegations 
shall  be  sufficient.  In  such  case  the  plan  of  dissolution  referred  to  in 
section  three  of  said  act  may  be  entirely  omitted  and  it  shall  not  be 
necessary  for  the  petitioners  or  persons  signing  such  petition,  or  for  the 
board  of  directors  of  such  district  to  propose  any  plan  for  the  dissolu- 
tion of  such  district  or  any  plan  for  the  liquidation  of  its  indebtedness 
or  the  distribution  of  its  assets ;  provided,  that  the  petition  shall  further 
recite  the  fact  that  an  application  will  be  made  to  the  superior  court 
of  the  State  of  California  in  and  for  the  county  in  which  the  office  of 
the  board  of  directors  of  such  district  is  required  to  be  kept,  for  a  decree 
of  dissolution  of  said  district  under  the  provisions  of  said  act.  And  in 
the  case  mentioned  in  this  section,  it  shall  not  be  necessary  to  obtain 
the  assent  of  any  holder  of  any  indebtedness  or  evidence  of  indebted- 
ness of  said  district  barred  by  any  statute  of  limitations  of  this  state 
before  the  election  provided  for  in  said  section  three,  shall  be  called. 
Upon  the  filing  of  said  petition  with  the  board  of  directors  of  said  dis- 
trict said  board  shall  call  a  special  election  at  which  shall  be  submitted 
to  the  electors  of  such  district  the  question  whether  or  not  said  district 
shall  be  dissolved.  Notice  of  such  election  must  be  given  by  posting 
notices  in  three  public  places  in  each  election  precinct  in  said  district 
for  at  least  twenty  days  and  also  by  publication  of  such  notice  in  some 
newspaper  published  in  the  county  where  the  office  of  the  board  of 
directors  is  required  to  be  kept,  once  a  week  for  at  least  three  successive 
weeks  before  such  election.  Such  notices  must  specify  the  time  of 
holding  the  election,  and  the  fact  that  it  is  proposed  to  dissolve  the 
district.  Said  election  must  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with 
provisions  of  law  governing  the  election  of  officers  in  irrigation  districts. 
At  such  election  the  ballot  shall  contain  the  words  "Dissolution  of  the 
district — ^Yes"  or  "Dissolution  of  the  district — No,"  or  words  equiva- 
lent thereto.  It  shall  not  be  necessary  in  winding  up  the  affairs  of 
any  district  organized  under  the  laws  of  this  state  to  pay  all  or  any 
portion  of  any  debt  or  obligation  of  such  district,  for  the  enforcement 
of  which  debt  or  obligation  a  suit  is  barred  by  the  laws  of  this  state,  nor 


CALIFORNIA    IKKKJATION    DISTRICT   LAWS.  241 

to  pay  any  bond,  coupon,  warrant  or  other  indebtedness,  claim  or 
demand  which  shall  be  barred  by  the  laws  of  this  state  prior  to  the 
filing  of  the  petition  for  dissolution  with  the  board  of  directors  of  such 
district.     (Stats.  1913,  p.  39.) 

Dissolution  of  district. 

Sec.  3.  Upon  the  filing  of  said  petition  with  the  board  of  directors 
of  said  district  said  board  shall  call  a  special  election,  at  which  shall  be 
submitted  to  the  electors  of  such  district  the  question  whether  or  not 
said  district  shall  be  dissolved,  its  indebtedness  liquidated,  and  its 
assets  distributed  in  accordance  with  the  plan  so  proposed,  or  in  ease 
no  plan  has  been  proposed,  then  in  accordance  with  a  plan  which  shall 
be  proposed  by  said  board  of  directors  in  the  notice  of  the  election,  but 
no  such  election  shall  be  called  until  the  assent  of  all  the  known  holders 
of  valid  indebtedness  against  the  district  shall  be  obtained  or  provision 
shall  be  made  in  said  plan  for  the  payment  of  such  nonassenting 
holders.  Notice  of  such  election  must  be  given  by  posting  notices  in 
three  public  places  in  each  election  precinct  in  said  district  for  at  least 
twenty  days,  and  also  by  publication  of  such  notice  in  some  newspaper 
published  in  the  county  where  the  office  of  the  board  of  directors  is 
required  to  be  kept,  once  a  week  for  at  least  three  successive  weeks 
before  such  election.  Such  notices  must  specify  the  time  of  holding  the 
election,  the  fact  that  it  is  proposed  to  dissolve  the  district,  and  a  brief 
summary  of  the  plan  proposed  for  liquidating  its  indebtedness  and 
disposing  of  its  assets.  Said  election  shall  be  held  and  the  result 
thereof  determined  and  declared  in  all  respects  as  nearly  as  practicable 
in  conformity  with  the  provisions  governing  the  election  of  officers  in 
irrigation  districts.  At  such  election  the  ballot  shall  contain  the  words 
"Dissolution  of  the  district — ^Yes,"  or  ''Dissolution  of  the  district — 
No,"  or  words  equivalent  thereto. 

Action  in  superior  court. 

Sec.  4.  In  case  upon  such  canvass  it  is  found  and  declared  by  said 
board  of  directors  that  two-thirds  of  the  votes  cast  at  such  election  shall 
be  cast  in  favor  of  "Dissolution  of  the  district — ^Yes,"  then  the  said 
board  of  directors  shall  file  a  petition  in  the  superior  court  of  the 
county  wherein  is  located  the  office  of  such  board  to  determine  the 
validity  of  the  proceedings  had  and  of  the  proposed  plan  for  the  dis- 
solution of  said  district.  Such  action  shall  be  in  the  nature  of  a  pro- 
ceeding in  rem,  and  jurisdiction  of  all  parties  interested  may  be  had 
by  publication  of  a  notice  of  the  pendency  of  the  proceeding  for  at 
least  once  a  week  for  three  weeks  in  some  paper  of  general  circulation 
published  in  the  county  where  the  action  is  pending;  provided,  that 
if  the  property  of  the  district  is  situate  in  more  than  one  county  then 
the  publication  shall  be  made  in  one  paper  in  each  county  wherein  the 
same  is  situate,  such  paper  or  papers  to  be  designated  by  the  court 
having  jurisdiction  of  the  proceeding;  jurisdiction  shall  be  complete  in 
thirty  days  after  the  completion  of  such  notice  in  the  manner  herein 
provided.  Anyone  interested  may  at  any  time  before  the  expiration  of 
said  thirty  days  appear  and  contest  the  validity  of  the  proceedings 
already  had  and  of  the  plan  proposed  for  the  dissolution  of  said  district, 
or  any  portion  thereof,  including  the  validity  of  any  portion  of  the 

16—40508 


242  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

indebtedness  set  out  in  said  petition,  and  the  court  may  determine  the 
validity  of  any  sales  for  assessments,  and  may  determine  the  amount  of 
any  assessment  or  assessments  due  upon  the  various  parcels  and  lots 
of  real  estate  within  said  district,  and  may  determine  the  amount  of 
any  assessment  or  assessments  theretofore  paid  upon  the  various  parcels 
and  lots  of  real  estate  therein,  and  may  in  said  proceeding  adjust  and 
determine  the  rights  and  liabilities  of  all  parties.  Such  action  shall  be 
speedily  tried  and  judgment  rendered.  Either  party  shall  have  the 
right  to  appeal  at  any  time  within  thirty  days  after  the  entering  of 
such  judgment,  and  the  appeal  must  be  heard  and  determined  within 
three  months  after  the  taking  of  such  appeal. 

Procedural  rules. 

Sec.  5.  Said  petition  to  the  superior  court  shall  set  forth  the  facts 
required  to  be  set  forth  in  the  petition  to  the  board  of  directors  and  all 
the  proceedings  therein,  and  at  the  hearing  the  court  shall  hear  and 
determine  the  regularity,  legality,  and  correctness  of  all  proceedings, 
and  in  doing  so  shall  disregard  any  error,  irregularity,  or  omission 
which  does  not  affect  the  substantial  rights  of  the  parties.  The  rules 
of  pleading  and  practice  in  the  Code  of  Civil  Procedure  not  incon- 
sistent with  the  provisions  of  this  act  are  made  applicable  to  the  pro- 
ceeding herein  provided.  The  cost  of  any  contest  may  be  allowed  and 
proportioned  between  the  parties  or  taxed  to  the  losing  party  in  the 
discretion  of  the  court,  and  no  contest  of  any  matter  or  thing  herein 
provided  for  shall  be  made  other  than  in  the  time  and  manner  herein 
specified. 

Assessment  payer  may  bring  action. 

Sec.  6.  If  no  such  proceeding  shall  have  been  filed  by  the  board  of 
directors  within  thirty  days  after  the  canvass  of  said  vote,  then  any 
district  assessment  payer  may  bring  an  action  in  the  superior  court  of 
the  county  wherein  the  office  of  the  board  of  directors  is  located.  The 
board  of  directors  shall  be  made  parties  defendant  and  notice  shall  be 
served  on  the  members  of  the  board  personally,  if  they  can  be  found 
in  the  state,  if  not,  then  service  by  publication  as  provided  in  section 
4,  shall  be  sufficient.  Proceedings  shall  be.  had  in  the  same  manner 
and  with  the  same  effect  as  if  brought  by  the  board  of  directors. 

Corporation  may  be  organized  to  take  over  property. 

Sec.  7.  A  corporation  may  be  organized  under  general  laws  for 
the  purpose  of  acquiring  the  assets  of  said  district,  including  the  irri- 
gation system,  if  any,  dams,  reservoirs,  canals,  franchises  and  water 
rights,  which  corporation  shall  have  all  the  powers,  rights  and 
franchises  of  corporate  bodies  organized  under  general  laws,  and  in 
addition  shall  have  such  further  powers  as  may  be  necessary  to  possess 
and  carry  on  said  irrigation  system  and  exercise  such  franchise  and 
water  rights. 

Discharge  of  debts  and  distribution  of  assets. 

Sec.  8.  The  court  in  its  decree  shall  have  power  to  make  the  orders 
necessary  to  carry  out  said  proposition  for  the  discharge  of  the  indebt- 


CALIFORNIA    IBRIGATION    DISTRICT   LAWS.  243 

edness  and  distribution  of  the  property  of  said  district,  including  the 
right  to  apportion  any  indebtedness  found  due,  and  to  declare  said 
portions  liens  upon  the  various  parcels  and  lots  of  land  within  the 
district,  and  may  decree  a  sale  of  its  assets  in  such  manner  as  may 
effectuate  said  proposition  and  as  the  said  court  may  judge  best,  either 
in  one  lot  or  in  such  parcels  as  may  be  provided,  and  may  provide  for 
conveyance  of  said  irrigation  system,  including  dams,  reservoirs,  canals, 
franchises  and  water  rights,  and  also  of  any  other  assets  of  the  district, 
including  lands  sold  thereto  and  the  assessments  due  it. 

Assessment  liens. 

Sec.  9.  The  amounts  of  any  assessment  or  assessments  found  due 
upon  the  various  parcels  and  lots  of  real  estate  within  said  district,  and 
the  amounts  for  which  sales  have  been  made,  which  sales  have  been 
determined  to  be  valid  by  said  court,  together  with  legal  interest  from 
the  date  of  said  sales  and  from  the  time  when  said  assessments  become 
delinquent,  shall  be  liens  respectively  on  the  lots  and  parcels  affected 
thereby,  and  tbe  purchaser  or  purchasei*s  at  said  sale  may  foreclose  the 
same  by  action  in  the  superior  court,  and  shall  in  said  action  join  all 
lots,  assessments,  and  sales  which  may  have  been  purchased  by  hira 
and  which  remain  unredeemed.  A  redemption  maj'  be  made  at  any 
time  by  payment  of  the  amount  due  to  the  clerk  of  the  court  for  the 
use  of  the  district  if  before  sale,  and  for  the  use  of  the  purchaser  if 
after  sale,  and  the  clerk  shall  thereupon  enter  a  minute  of  said  pay- 
ment, which  payment  shall  be  in  the  discharge  of  said  lien.  Redemp- 
tion from  the  lien  created  for  any  portion  of  the  indebtedness  can  be 
had  in  this  manner. 

Balance  of  funds  apportioned. 

Sec.  10.  "Whenever  all  the  property  of  such  irrigation  district  shall 
have  been  disposed  of,  and  all  the  indebtedness  and  obligations  thereof, 
if  any  there  be,  shall  have  been  discharged,  the  balance  of  the  money 
of  said  district  shall  be  distributed  to  the  as.sessment  payers  in  said 
district  upon  the  last  assessment-roll  in  the  proportion  in  which  each 
has  contributed  to  the  total  amount  of  said  assessment,  and  the  court 
shall  enter  a  final  decree  declaring  said  district  to  be  dissolved. 

Debts  barred  by  statute  of  limitations. 

Sec.  10^.  In  the  petition  mentioned  in  section  2  of  this  act  it  shall 
not  be  necessary  to  include  in  the  schedule  of  indebtedness  any  bond, 
coupon,  warrant  or  other  indebtedness,  claim  or  demand  which  shall 
have  been  barred  by  the  laws  of  this  state  prior  to  the  filing  of  said 
petition  with  the  board  of  directors  of  said  irrigation  district,  nor  shall 
it  be  necessary  in  winding  up  the  affairs  of  any  district  organized 
under  the  laws  of  this  state  to  pay  all  or  any  portion  of  a  debt  or 
obligation  of  such  district,  for  the  enforcement  of  which  debt  or  obliga- 
tion a  suit  is  barred  by  the  laws  of  this  state.  (New  section  approved 
March  3,  1909.    Stats.  1909,  p.  139.) 

Sec.  11.     This  act  shall  take  effect  immediately. 


244  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

B.     INVOLUNTARY  DISSOLUTION  OF  DISTRICT. 
An  act  declaring  the  conditions  upan  ivhich  an  irrigation  district  may 
he  dissolved,  prescribing  the  procedure  therefor,  and  the  winding 
up  of  the  affairs  of  the  district  when  dissolved. 

(Approved  Maj-  19.  1919,  Stats.  1919.  p.  751  ;  amended.  Stats.  1925.  p.  220.) 
As  to  quo  warranto  proceedings  under  Sec.  803,  of  the  Code  of  Civil  Procedure,  see: 
People  vs.  Selma  In:  Dist.,  98  Cal.  206  ; 
People  vs.  Jefferds.  126  Cal.  296; 
People  vs.  Perris  Irr.  Dist.,  132  Cal.  289 : 
Byington  vs.  Sac.  Valley  Westside  Canal  Company,  170  Cal.  124. 

Conditions  for. 

Section  1.  Section  one  of  an  act  entitled  "An  act  declaring  the 
conditions  upon  which  an  irrigation  district  may  be  dissolved,  pre- 
scribing the  procedure  therefor,  and  the  winding  up  of  the  affairs  of 
the  district  when  dissohed,"  approA^ed  May  18,  1919,  is  hereby  amended 
to  read  as  follows: 

Section  1.  Any  irrigation  district  organized  under  any  of  the  laws 
of  the  State  of  California,  providing  for  the  organization  of  irrigation 
districts,  which 

(a)  Has  been  organized  more  than  three  years  and  has  failed  and 
neglected  to  secure  an  adequate  water  supply  and  which  does  not  have 
a  reasonable  prospect  of  securing  an  adequate  water  supply  for  the 
lands  of  the  district  without  prohibitive  cost,  and  has  failed  and 
neglected  to  obtain  the  approval  of  the  state  water  commission  of 
the  water  supply  of  said  district  and  has  failed  and  neglected  to 
obtain  the  approval  of  the  state  engineer  of  the  plans  of  said  dis- 
trict, and  has  failed  and  neglected  to  construct  or  acquire  a  system 
of  works  or  the  financing  thereof,  and  has  failed  and  neglected  to 
obtain  the  approval  of  the  irrigation  district  bond  commission ;  or 

(6)  Has  been  organized  for  more  than  ten  j-ears  and  for  more  than 
five  years  after  the  construction  or  acquisition  of  a  system  of  works  has 
failed  and  neglected  to  maintain  such  works,  or  for  five  years  or  more 
after  such  works  have  been  constructed  or  acquired  has  failed  and 
neglected  to  supply  or  make  available,  water  for  the  irrigation  of  more 
than  ten  per  cent  of  the  lands  of  the  district; 

May  be  dissolved  and  annulled  by  the  superior  court  of  the  county 
in  which  said  district  is  located  by  proceedings  in  an  action  brought 
by  the  attorney  general  in  the  name  of  the  people  of  tlie  State  of 
California,  upon  his  own  information.  Before  .such  an  action  can  be 
commenced  in  the  courts  the  attornej-  general  shall  publish  for  two 
consecutive  weeks  in  some  newspaper  published  in  the  county  in  which 
the  greater  portion  of  the  district  is  located,  a  notice  to  all  parties  in 
interest  that  it  is  his  intention  to  begin  such  action  for  the  dissolution 
of  said  district.  The  rules  of  pleading  and  practice  in  the  Code  of 
Civil  Procedure  not  inconsistent  with  the  provisions  of  this  act  are 
made  applicable  to  the  proceedings  herein  provided.  (Stats.  1925, 
p.  220.) 

Investigation  by  state  engineer. 

Sec.  2.  Before  the  trial  of  the  case  the  court  may  direct  the  state 
engineer  to  investigate  all  the  affairs  of  said  district ;  the  water  supply 
that  may  be  obtained  without  prohibitive  cost;  the  feasibility  and  prac- 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  245 

ticability  of  irrigating  all  or  a  reasonable  amount  of  the  lands  of  said 
district ;  and  all  other  matters  wliich  the  court  may  direct,  or  the  state 
engineer  may  deem  pertinent  as  affecting  the  possible  success  or  failure 
of  the  district  as  an  irrigation  enterprise  and  which  may  be  necessary 
to  enable  the  court  to  determine  the  question  of  dissolution. 

For  the  purpose  of  making  such  investigation,  the  state  engineer  shall 
have  access  to  all  the  records  of  the  district,  and  all  oflficers  and 
employees  and  other  persons  in  any  manner  connected  with  or 
employed  by  said  district  shall  furnish  such  information  as  he  may 
require  which  has  already  been  obtained  or  determined,  including 
maps,  plans,  estimates,  field  notes,  and  other  data. 

The  state  engineer  shall  report  his  findings  and  conclusions  to  the 
superior  court  as  soon  as  practicable,  but  within  ninety  days  unless  a 
longer  time  be  granted  him  by  the  court,  but  in  no  case  to  extend 
beyond  the  period  of  one  hundred  eighty  days  in  all. 

Dissolution  and  disposition  of  property. 

Sec.  3.  Upon  final  judgment  of  dissolution  in  such  action,  the  dis- 
trict in  question  shall  be  deemed  dissolved  and  annulled.  The  court 
shall  determine  the  amount  of  indebtedness  outstanding  against  said 
district,  including  the  costs  of  the  court  action  herein  provided  for,  and 
thereafter  the  appropriate  county  officers  shall  act  as  ex  officio  officers 
of  the  district;  the  records  and  papers  of  every  kind  belonging  to  the 
district  shall  be  turned  over  to  the  proper  county  officers.  The  county 
treasurer  sTiall  perform  the  duties  of  the  district  treasiirer ;  the  county 
tax  collector  shall  perform  the  duties  of  the  district  tax  collector;  the 
county  a-ssessor  .shall  perform  the  duties  of  the  district  assessor;  the 
county  clerk  shall  perform  the  duties  of  the  secretary  of  the  board  of 
directors;  the  board  of  supervisors  shall  perform  the  duties  of  the 
board  of  directors;  they  shall  proceed  to  levy  and  collect  such  addi- 
tional taxes  as  may  be  necessary  upon  the  lands  embraced  within  such 
district  in  the  same  manner  and  with  the  same  procedure  for  non- 
payment that  county  taxes  are  levied  and  collected  for  the  purpose  of 
paying  such  outstanding  indebtedness  not  provided  for  by  previous 
assessments.  All  property  of  every  kind  belonging  to  the  district, 
including  lands  .sold  to  the  district  for  taxes,  shall  be  sold  as  the  court 
may  direct  and  the  proceeds  together  with  all  money  on  hand  shall  be 
used  to  pay  off  the  indebtedness.  All  funds  remaining  after  all  out- 
standing indebtedness  has  been  paid  shall  be  apportioned  and  be  paid 
to  the  assessment  payers  according  to  the  last  assessment  roll. 

Outstanding  indebtedness  no  bar  to  dissolution. 

Sec.  4.  The  outstanding  indebtedness,  whether  of  bonds,  warrants, 
or  otherwise,  of  any  irrigation  district  .shall  not  operate  as  a  bar  to 
dissolution  by  the  superior  court  when  provision  is  made  for  the  pay- 
ment of  such  indebtedness  in  the  manner  provided  in  section  three  of 
this  act. 

Alternative  method. 

Sec,  5.  This  act  is  designed  to  provide  an  alternative  method  for 
the  dissolution  of  irrigation  districts  and  shall  not  be  deemed  to  repeal 
any  other  statute  or  statutes. 


246  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

4.     STOCKS  AND  BONDS. 

A.     ACQUIRING  STOCK  IN  FOREIGN  CORPORATION. 

State  Constitution,  xVrticle  IV,  Sec.  31. 

*  *  *;  provided,  further,  that  irrigation  districts  for  the  pur- 
pose of  acquiring  the  control  of  any  entire  international  water  system 
necessary  for  its  use  and  purposes,  a  part  of  which  is  situated  in 
the  United  States,  and  a  part  thereof  in  a  foreign  country,  may  in 
the  manner  authorized  by  law,  acquire  the  stock  of  any  foreign  cor- 
poration which  is  the  owner  of,  or  which  holds  the  title  to  the  part  of 
such  system  situated  in  a  foreign  country.  (Amendment  adopted 
November  3,  1914.  Above  provision  unchanged  hy  amendment  to  this 
section  adopted  November  7,  1922.) 

B.  BONDS  EXEMPT  FROM  TAXATION. 

State  Constitution,  Article  XIII,  Sec.  If. 

All  bonds  hereafter  issued  by  the  State  of  California,  or  by  any 
county,  city  and  county,  municipal  corporation,  or  district  (includ- 
ing school,  reclamation,  and  irrigation  districts)  within  said  state,  shall 
be  free  and  exempt  from  taxation.  (New  section  adopted  November  4, 
1902.) 

C.     PAYMENT  OF  BONDS. 

State  Constitution,  Article  XI,  Sec.  13|. 

Any  county,  citj^  and  county,  city,  town,  municipality,  irrigation 
district,  or  other  public  corporation,  issuing  bonds  under  the  laws 
of  the  state,  is  hereby  authorized  and  empowered  to  make  said  bonds 
and  the  interest  thereon  payable  at  any  place  or  places  within  or 
outside  of  the  United  States,  and  in  any  money,  domestic  or  foreign, 
designated  in  said  bonds.     (Amendment  adopted  November  3,  1914.) 

D.     BOND  CERTIFICATION  COMMISSION. 

An  act  relating  to  hands  of  irrigation  districts,  providing  under  what 
circumstances  such  bonds  shall  he  legal  investments  for  funds  of 
hanks,  insurance  companies  and  trust  companies,  trust  funds,  state 
school  funds  and  any  money  or  funds  tvhich  may  now  or  hereafter 
he  invested  in  honds  of  cities,  cities  and  counties,  counties,  school 
districts  or  municipalities,  and  providing  under  what  ciraiimstances 
the  v^e  of  honds  of  irrigation  districts  as  security  for  the  perform- 
ance of  amy  act  may  he  authorized. 

(Approved  June  13,  1913;  Stats.   1913,  p.  778.     Amended  Stats.,   1915,  p.   692;   1917, 
p.    582;    1919,   p.    1207;    1921,   p.   1198.) 

Resolution  declaring  bonds  available  as  legal  investments. 

Section  1.  "Whenever  the  board  of  directors  of  any  irrigation  dis- 
trict organized  and  existing  under  and  pursuant  to  the  laws  of  the  State 
of  California  shall  by  resolution  declare  that  it  deems  it  desirable  that 
any  contemplated  or  outstanding  bonds  of  said  district,  including  any 
of  its  bonds  authorized  but  not  sold,  shall  be  made  available  for  the 
purposes  provided  for  in  section  seven  of  this  act,  the  said  board  of 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  247 

directors  shall  thereupon  file  a  certified  copy  of  such  resolution  with 
the  commission  hereinafter  provided  for. 

Report  of  irrigation  district  bond  commission. 

Sbc.  2.  Such  commission,  upon  the  receipt  of  a  certified  copy  of  such 
resolution,  shall,  without  delay,  make  or  cause  to  be  made  an  investiga- 
tion of  the  affairs  of  the  district  and  report  in  writing  upon  such  mat- 
ters as  it  may  deem  essential,  and  particularly  upon  the  following 
points : 

(a)  The  supply  of  water  available  for  the  project  and  the  right  of 
the  district  to  so  much  water  as  may  be  needed. 

(6)  The  nature  of  the  soil  as  to  its  fertility  and  susceptibility  to 
irrigation,  the  probable  amount  of  water  needed  for  its  irrigation  and 
the  probable  need  of  drainage. 

(c)  The  feasibility  of  the  district's  irrigation  system  and  of  the 
specific  project  for  which  the  bonds  under  consideration  are  desired  or 
have  been  used,  whether  such  system  and  project  be  constructed,  pro- 
jected or  partially  completed. 

(d)  The  reasonable  market  value  of  the  water,  water  rights,  canals, 
reservoirs,  reservoir  sites  and  irrigation  works  owned  by  such  district 
or  to  be  acquired  or  constructed  by  it  with  the  proceeds  of  any  of  such 
bonds. 

(e)  The  reasonable  market  value  of  the  lands  included  within  the 
boundaries  of  the  district. 

(f)  Whether  or  not  the  aggregate  amount  of  the  bonds  under  con- 
sideration and  any  other  outstanding  bonds  of  said  district,  including 
bonds  authorized  but  not  sold,  exceeds  sixty  per  centum  of  the  aggre- 
gate market  value  of  the  lands  within  said  district  and  of  the  water, 
water  rights,  canal,  reservoirs,  reservoir  sites,  and  irrigation  works 
owned,  or  to  be  acquired  or  constructed  with  the  proceeds  of  any  of 
said  bonds,  by  said  district,  as  determined  in  accordance  with  para- 
graphs (d)  and  (e)  in  this  section. 

(g)  The  numbers,  date  or  dates  of  issue  and  denominations  of  the 
bonds,  if  any,  which  the  commission  shall  find  are  available  for  the  pur- 
poses provided  for  in  section  seven  of  this  act,  and,  if  the  investigation 
has  covered  contemplated  bonds,  the  total  amount  of  bonds  which  the 
district  can  issue  without  exceeding  the  limitation  expressed  in  para- 
graph if)  of  this  section. 

Certification  by  state  controller. 

Sec.  3.  The  written  report  of  the  investigation  herein  provided  for 
shall  be  filed  in  the  office  of  the  state  controller,  and  a  copy  of  said 
report  shall  by  the  commission  be  forwarded  to  the  secretary  of  the 
district  for  which  the  investigation  shall  have  been  made,  and  if  said 
commission  shall  have  found,  as  set  out  in  said  report,  that  the  irriga- 
tion system  of  the  district  and  the  specific  project  for  which  the  bonds 
under  consideration  are  desired  or  have  been  used,  whether  such  project 
be  constructed,  projected  or  partially  completed,  are  feasible  and  that 
the  aggregate  amount  of  the  bonds  under  consideration  and  any  other 
outstanding  bonds  of  said  district,  including  bonds  authorized  but  not 
soW,  does  not  exceed  sixty  per  centum  of  the  aggregate  market  value  of 


248  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

the  lands  within  said  district  and  of  the  water,  water  rights,  canals, 
reservoirs,  reservoir  sites,  and  irrigation  works  owned  or  to  be  acquired 
or  constructed  with  the  proceeds  of  any  of  said  bonds  by  said  district, 
the  bonds  of  such  irrigation  district,  as  described  and  enumerated  in 
said  report  filed  with  the  state  controller,  shall  be  certified  by  the  state 
controller,  as  hereinafter  provided  for.  If  the  commission  shall  be 
notified  by  the  board  of  directors  of  any  district  whose  irrigation  system 
has  been  found  in  such  report  to  be  feasible  that  the  district  has  issued 
bonds  and  the  commission  shall  find  that  said  bonds  are  for  any  project 
or  projects  approved  in  such  report  and  that  the  amount  of  said  bonds 
does  not  exceed  the  limitation  stated  in  such  report,  the  commission 
shall  prepare  and  file  with  the  state  controller  a  supplementary  report 
giving  the  numbers,  date  or  dates  of  issue  and  denominations  of  said 
bonds,  which  shall  then  be  entitled  to  certification  by  the  state  con- 
troller as  hereinafter  provided  for.  Subsequent  issues  of  bonds  may 
be  made  available  for  the  purposes  specified  in  this  act  upon  like  pro- 
ceedings by  said  district,  but,  after  any  of  the  bonds  of  an  irrigation 
district  have  been  enumerated  and  described  as  entitled  to  certification 
by  the  state  controller  as  herein  provided  for,  it  shall  be  unlawful  for 
that  district  to  issue  bonds  that  will  not  be  entitled  to  such  certification. 
It  is  hereby  made  the  duty  of  *the  state  controller  to  provide  for  filing 
and  preserving  the  reports  mentioned  in  this  section  and,  also,  to  make, 
keep  and  preserve  a  record  of  the  bonds  certified  by  him  in  accordance 
with  the  provisions  of  section  four  of  this  act,  including  the  date  of 
certification,  the  legal  title  of  the  district,  the  number  of  each  bond,  its 
par  value,  the  date  of  its  issue  and  that  of  its  maturity. 

Provisions  of  section  two  directory. 

Sec.  3a.  The  provisions  of  section  two  of  this  act  as  to  the  points 
upon  which  said  commission  shall  report  are  directory  merely  and  the 
board  may  authorize  such  certification  when  in  their  opinion,  subject 
to  the  provisions  otherwise  contained  in  this  act,  their  findings  justify 
such  action.     (Stats.  1917,  p.  583.) 

No  expenditures  without  consent  of  commission. 

Sec.  3&.  Whenever  the  bonds  of  any  irrigation  district  have  been 
certified  as  provided  in  this  act,  no  expenditures  shall  be  made  from  the 
proceeds  of  such  bonds,  nor  shall  any  liability  to  ])e  met  from  such 
proceeds  be  incurred,  until  there  shall  have  been  filed  with  and  approved 
by  said  commission  such  a  schedule  of  proposed  expenditures  of  such 
proceeds  as  may  be  necessary  to  set  forth  to  the  satisfaction  of  said 
commission  the  plan  proposed  for  carrying  out  the  purposes  for  which 
said  bonds  were  authorized,  or  such  of  said  purposes  as  the  district 
may,  at  the  time  of  filing  such  schedule,  desire  to  proceed  with ;  and  no 
expenditures  from  the  proceeds  of  said  bonds  shall  be  made  for  any 
purpose  not  specified  in  such  approved  schedule  or  for  any  approved 
purpose  in  excess  of  the  amount  allowed  therefor  in  such  schedule 
without  the  consent  of  said  commission;  nor  shall  any  expense  of  any 
kind  be  incurred  in  excess  of  money  actually  provided  by  levy  of  assess- 
ment or  otherwise  except  as  provided  in  section  fifty-nine  of  the  Cali- 
fornia irrigation  district  act.     During  the  progress  of  any  work  tolje 


CALIFORNIA    IRRIGATION    DISTRICT   liAWS.  249 

paid  for  from  the  proceeds  of  any  bond  issue  certified  as  in  this  act 
provided,  the  department  of  engineeriui?,  on  behalf  of  the  commission 
herein  authorized,  shall  make  from  time  to  time,  at  the  expense  of  the 
district,  such  inspection  of  the  work  as  may  be  necessary  to  enable  the 
said  department  to  know  that  the  plans  approved  by  the  commission  are 
being  carried  out  without  material  modification  unless  such  modification 
has  been  approved  by  said  commission.     (Stats.  1921,  p.  1198.) 

Certification  of  bonds  as  needed. 

Sec.  3c.  Whenever  the  survey,  examinations,  drawings  and  plans 
of  an  irrigation  district,  and  the  estimate  of  cost  based  thereon,  shall 
provide  that  the  works  necessary'  for  a  completed  pro.iect  shall  be  con- 
structed progressively  over  a  period  of  years  in  accordance  with  section 
thirty  of  the  California  irrigation  district  act,  and  in  accordance  with 
a  plan  or  schedule  adopted  by  resolution  of  the  board  of  directors  of 
the  district,  it  shall  not  be  necessary  for  the  commission  to  certify  at 
one  time  all  of  the  bonds  that  have  been  voted  for  the  said  completed 
project ;  but  such  bonds  may  be  certified  from  time  to  time  as  needed  by 
the  district.  If  the  commission  shall  certify  all  of  the  bonds  necessary 
for  the  said  completed  project,  even  if  said  project  is  to  be  constructed 
progressively  over  a  period  of  years  in  accordance  with  the  aforesaid 
resolution  of  the  board  of  directors,  the  bonds  so  voted  and  certified 
shall  only  be  sold  after  prior  written  approval  of  the  commission. 
(Stats.  1919,  p.  1207.) 

Form  of  controller's  certificate. 

Sec.  4.  Whenever  any  bond  of  an  irrigation  district  organized  and 
existing  as  aforesaid,  including  any  bond  authorized  in  any  such  dis- 
trict but  not  sold,  which  shall  be  eligible  to  certification  by  the  state 
controller  under  section  three  of  this  act,  shall  be  presented  to  the  state 
controller,  he  shall  cause  to  be  attached  thereto  a  certificate  in  sub- 
stantially the  following  form: 

Sacramento,  Cal.,  (insert  date). 

I, ,  controller  of  the  State  of  California, 

do  hereby  certify  that  the  within  bond.  No of  issue  No 

of  the irrigation  district,  issued 

(insert  date),  is,  in  accordance  with  an  act  of  the  legislature  of  Cali- 
fornia approved ,  a  legal  investment  for  all  trust 

funds  and  for  the  funds  of  all  insurance  companies,  banks,  both  com- 
mercial and  savings,  trust  companies,  the  state  school  funds  and  any 
funds  which  may  be  invested  in  county,  municipal  or  school  district 
bonds,  and  it  may  be  deposited  as  security  for  the  performance  of  any 
act  whenever  the  bonds  of  any  county,  city,  city  and  county,  or  school 
district  may  be  so  deposited,  it  being  entitled  to  such  privileges  by 
virtue  of  an  examination  by  the  state  engineer,  the  attorney  general 
and  the  superintendent  of  banks  of  the  State  of  California  in  pursuance 
of  said  act.  The  within  bond  may  also,  according  to  the  constitution  of 
the  State  of  California,  be  used  as  security  for  the  deposit  of  public 
money  in  banks  in  said  state. 


Controller  of  State  of  California. 


250  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

In  case  of  a  change  in  the  constitution  or  any  of  the  laws  of  this 
state  relating  to  the  bonds  of  irrigation  districts,  the  state  controller 
shall,  if  necessary,  modify  the  above  certificate  so  that  it  shall  conform 
to  the  facts. 

A  facsimile  of  the  controller's  signature,  printed  or  otherwise, 
impressed  upon  said  certificate  shall  be  a  sufficient  signing  thereof; 
provided,  that  the  imprint  of  the  controller's  seal  thereon  shall  appear 
upon  both  the  certificate  and  the  bond  over  and  through  the  printed 
signature.     (Stats.  1915,  p.  692.) 

Irrigation  district  bond  certification  commission  created. 

Sec.  5.  The  attorney'  general,  the  state  engineer  and  the  superin- 
tendent of  banks  are  hereby  constituted  the  California  bond  certifica- 
tion commission,  being  the  commission  herein  provided  for,  and  said 
commission  shall  elect  one  of  its  members  chairman  and  may  employ 
such  clerks  and  assistants  as  may  be  necessarj'  for  the  performance  of 
the  duties  herein  imposed,  and  may  fix  the  compensation  to  be  paid  to 
such  clerks  and  assistants.     (Stats.  1921,  p.  1199.) 

Expenses. 

Sec.  6.  All  necessary  expenses  incurred  in  making  the  investigation 
and  report  in  this  act  provided  for  shall  be  paid  as  the  commission 
may  require  by  the  irrigation  district  whose  property  has  been  investi- 
gated and  reported  on  by  the  said  commission;  provided,  that  the 
benefit  of  any  services  that  may  have  been  performed  and  any  data 
that  may  have  been  obtained  by  any  member  of  said  commission  or  any 
other  public  official  in  pursuance  of  the  requirements  of  any  law  other 
than  this  act,  shall  be  available  for  the  use  of  the  commission  herein 
provided  for  without  charge  to  the  district  whose  affairs  are  under 
investigation. 

Bonds  certified  legal  investments  for  trust  funds,  etc. 

Sec.  7.  All  bonds  certified  in  accordance  with  the  terms  of  this  act 
shall  be  legal  investments  for  all  trust  funds,  and  for  the  funds  of  all 
insurance  companies,  banks,  both  commercial  and  savings,  and  trust 
companies,  and  for  the  state  school  funds,  and  whenever  any  money  or 
funds  may,  by  law  now  or  hereafter  enacted,  be  invested  in  bonds 
of  cities,  cities  and  counties,  counties,  school  districts,  or  municipalities 
in  the  State  of  California,  such  money  or  funds  may  be  mvested  in 
the  said  bonds  of  irrigation  districts,  and  whenever  bonds  of  cities, 
cities  and  counties,  counties,  school  districts  or  municipalities  may  by 
any  law  now  or  hereafter  enacted  be  used  as  security  for  the  perform- 
ance of  any  act,  bonds  of  irrigation  districts  under  the  limitations  in 
this  act  provided  may  be  so  used.^  This  act  is  intended  to  be  and  shall 
be  considered  the  latest  enactment  upon  the  matters  herein  contained, 
and  any  and  all  acts  in  conflict  with  the  provisions  hereof  are  hereby 
repealed. 

"Irrigation"  includes  "water  conservation." 

Sec.  8.  The  words  "irrigation  districts"  wherever  used  herein  for 
all  purposes  hereof  shall  be  deemed  to  include  water  conservation  dis- 
tricts.    (Stats.  1921,  p.  1199.) 

*For  acts  authorizing  investments  in  irrigation  district  bonds,  see  Appendix, 
hereof. 


CAUFOBNIA  IRRIGATION   DISTRICT  LAWS.  251 

E.     REFUNDING  BONDS. 

An  act  to  authorize  irrigation  districts  to  refv/nd  outstanding  bonded 

indebtedness.^ 

(Approved  May  25,  1919;  Stats.  1919,  p.  1004.) 

Election  on  question  of  refunding  indebtedness. 

Section  1.  The  board  of  directors  of  any  irrigation  district  organ- 
ized or  existing  under  or  subject  to  the  provisions  of  the  California 
irrigation  district  act  approved  March  31,  1897,  as  amended,  providing 
for  the  organization  and  government  of  irrigation  districts,  tliat  has 
an  outstanding  indebtedness  evidenced  by  bonds  lawfully  issued  prior 
to  January  1,  1913,  may,  by  a  majority  vote  of  the  members  of  the 
board,  submit  to  the  electors  of  the  irrigation  district  at  any  election 
the  proposition  of  the  issuance  of  new  bonds  for  the  purpose  of  refund- 
ing the  bonds  outstanding,  as  the  same  become  due.  Such  election 
shall  be  held,  and  the  vote  thereon  shall  be  the  same  as  provided  by  the 
California  irrigation  district  act  for  the  issuance  of  other  irrigation 
district  bonds;  provided,  no  petition  therefor  need  be  circulated  or 
signed;  and  provided,  further,  that  a  majority  of  the  votes  of  those 
voting  on  said  proposition  shall  be  sufficient  to  carry  the  same.  Such 
bonds  shall  bear  interest  at  a  rate  the  same  as  or  lower  than  the  bonds 
to  be  refunded  and  no  refunding  bond  shall  have  a  later  date  of 
maturity  than  twenty  years  from  the  date  of  its  issue. 

Form  of  refunding  bonds. 

Sec.  2.  The  refunding  bonds  shall  be  issued  in  substantially  the 
maimer  and  in  the  form  required  by  law  for  the  issuance  of  other  bonds 
of  the  district.  These  bonds  may  be  sold  from  time  to  time  in  the  same 
manner  as  other  bonds  of  the  district,  or,  if  the  directors  of  the  district 
and  the  holders  of  any  of  the  bonds  reaching  maturity  so  elect,  they 
may  be  exchanged  in  payment  of  the  bonds  so  maturing  as  such  bonds 
mature. 

Assessment  to  pay  interest  and  principal. 

Sec.  3.  The  board  of  directors  shall  cause  to  be  assessed  and  levied 
each  year  upon  the  assessable  property  in  the  district,  in  addition  to  the 
levy  authorized  for  other  purposes,  a  sufficient  sum  to  pay  the  interest 
on  or  any  principal  of  such  refunding  bonds  in  the  same  manner  as  is 
provided  in  the  California  irrigation  district  act  in  the  case  of  other 
bonds. 

F.     BOND  VALIDATING  ACT. 

An  act  to  validate  certain  bonds  of  certain  irrigation  districts  and  all 
proceedings  relative  thereto,  and  to  provide  for  the  levy  and  col- 
lection of  taxes  to  pay  the  principal  and  interest  on  such  bonds. 

(Approved  May  19,   1925;  Stats.   1925.  p.   373.) 

Section  1.  Whenever  prior  to  the  taking  effect  of  this  act  proceed- 
ings have  been  taken  by  any  irrigation  district  organized  or  purported 

'See  also  "An  act  to  provide  for  the  issue  and  sale  or  exchange  of  funding  bonds 
of  Irrigation  districts  organized  under  and  in  pursuance  of  an  act  of  the  legislature  of 
the  State  of  California  entitled  'An  act  to  provide  for  the  organization  and  government 
of  irrigation  districts,  and  to  provide  for  the  acquisition  of  water  and  other  property, 
and  for  the  distribution  of  water  thereby  for  irrigation  purposes,'  approved  March  7, 
1887,  to  provide  for  the  payment  of  such  bonds,  and  for  proceedings  to  test  the  validity 
of  the  same,"  approved  April  1,  1897,  Stats.  1897,  p.  394 ;  amended  Stats.  1901,  p.  514. 


252  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

to  be  organized  under  any  law  or  laws  of  this  state,  for  the  issuing 
and  selling  of  bonds  of  such  district  for  any  purpose  or  purposes,  all 
the  acts  and  proceedings  of  the  board  of  trustees  of  such  district  and 
all  of  the  acts  of  the  board  of  supervisors  of  the  county  or  counties  in 
which  such  district  or  any  part  thereof  is  situated  and  all  of  the  acts 
of  all  public  officers  in  connection  therewith  leading  up  to  and  includ- 
ing the  issuance  of  such  bonds  if  they  have  hitherto  been  issued  or  sold, 
and  all  such  acts  and  proceedings  heretofore  had  although  the  bonds 
are  not  yet  issued  or  sold,  are  hereby  legalized,  ratified,  confirmed  and 
validated  to  all  intents  and  purposes,  and  the  power  of  such  district 
to  issue  such  bonds  is  hereby  acknowledged,  granted,  ratified,  confirmed 
and  declared,  and  the  bonds  heretofore  issued  and  sold  and  the  bonds 
heretofore  authorized  to  be  issued  which  may  be  hereafter  issued  and 
sold  are  declared  to  be  and  shall  be,  the  legal  and  binding  obligations 
of,  and  against  the  district  having  heretofore  issued,  or  hereafter 
issuing,  such  bonds,  and  the  faith  and  credit  of  such  district  is  hereby 
pledged  for  the  prompt  payment  and  redemption  of  the  principal  and 
interest  of  said  bonds. 

Sec.  2.  For  the  purpose  of  paying  the  interest  on  such  bonds  as  it 
becomes  due  and  the  principal  thereof  at  maturity,  the  board  of 
trustees  of  the  district  and  the  board  of  supervisors  of  the  county  or 
counties  in  which  such  irrigation  district  or  any  part  thereof  lies,  and 
the  various  county  officers  of  the  respective  counties  who  are  charged 
with  duties  in  connection  with  the  assessment,  levy  and  collection  of 
taxes,  shall  have  the  same  powers,  and  shall  perform  the  same  duties 
as  are  provided  by  law  relatiA^e  to  the  assessment,  levy  and  collection 
of  taxes,  and  custody  of  funds,  for  the  payment  of  the  principal  and 
interest  of  bonds  of  such  districts,  at  the  times  and  in  the  manner 
respectively  set  forth  in  the  respective  law  or  laws  authorizing  or 
purporting  to  authorize  the  incurring  of  bonded  indebtedness  or  issu- 
ance of  bonds  by  such  districts. 

Sec.  3.  This  act  shall  not  operate  to  legalize  the  sale  hereafter  of 
any  bonds  of  any  such  district  at  a  price  of  less  than  par,  nor  to  legalize 
any  bonds  in  cases  where  the  question  of  issuing  the  same  has  been 
submitted  to  the  vote  of  the  qualified  electors  or  of  the  taxpayers,  and 
has  failed  to  obtain  the  number  of  favorable  votes  required  by  the 
particular  statute  under  which  the  proceedings  were  taken. 


CALIPOBNIA    IRRIGATION   DISTRICT   LAWS.  253 

5.    TAXES  AND  ASSESSMENTS. 

A.     ASSESSMENTS,  PAYABLE  IN  TWO  INSTALLMENTS. 

An  act  to  permit  boards  of  directors  of  irngation  districts  organized  or 
existing  under  and  hy  virtue  of  an  act  of  the  leg^Mture,  entitled 
"All  act  to  provide  for  the  organization  and  government  of  irriga- 
tion districts,  and  to  provide  for  the  acquisition  or  construction 
thereby  of  works  for  tJic  irrigation  of  the  lands  embraced  within 
such  districts,  and  also  to  provide  for  the  distribution  of  water  for 
irrigation  purposes,"  approved  March  31,  1897 ;  to  provide  for  the 
payment  in  two  instaXlments  of  the  assessments  levied  under  and  in 
accordance  with  the  provisions  of  said  act. 

(Approved  March  19,   1909;   Stats.   1909,  p.  415.) 

Payment  of  assessments  in  two  installments. 

Section  1.  It  shall  be  lawful  for  boards  of  directors  of  irrigation 
districts,  organized  or  existing  under  or  by  virtue  of  an  act  of  the  legis- 
lature, entitled  "An  act  to  provide  for  the  organization  ?ind  govern- 
ment of  irrigation  districts,  and  to  provide  for  the  acquisition  or  con- 
struction thereby  of  works  for  the  irrigation  of  lands  embraced  within 
such  districts  and  also,  to  provide  for  the  distribution  of  water  for 
irrigation  purposes";  approved  March  31,  1897;  to  provide  for  the 
payment  of  assessments  levied  in  accordance  with  the  provision  of 
said  act,  in  two  installments. 

Resolution  by  directors. 

Sec.  2.  The  directors  of  any  such  irrigation  district  may,  whenever 
they  shall  so  determine,  and  must  upon  a  petition  in  writing,  signed 
by  a  majority  of  the  assessment  payers  within  such  district,  pass  a 
resolution  providing  that  thereafter  all  assessments,  except  special 
assessments  provided  for  by  section  thirty-four  of  said  act  of  1897, 
shall  be  payable  in  two  installments,  and  in  said  resolution  shall  specify 
when  such  payments  may  be  made. 

Time  of  passing  or  rescinding  resolution. 

Sec.  3.  Such  resolution  must  be  passed  before  the  first  Monday  in 
August,  and  can  not  be  rescinded  to  take  effect  during  any  year  after 
the  first  Monday  of  March  in  that  year. 

When  assessments  become  delinquent. 

Sec.  4.  Whenever  the  board  of  directors  of  such  irrigation  district 
shall  have  so  determined,  thereafter  one-half  of  the  assessments  levied 
within  such  district  shall  become  delinquent  at  six  o'clock  p.m.  on  the 
last  Monday  of  December,  and  one-half  thereof  shall  become  delinquent 
at  six  p.m.  on  the  last  Monday  of  June  next  thereafter ;  provided,  that 
where  an  assessment  has  been  levied  as  provided  in  section  34  of  said 
act  the  whole  of  such  assessment  shall  become  delinquent  on  the  last 
^londay  in  December. 

Effect  of  act. 

Sec.  5.  When  provision  is  made,  as  herein  provided,  for  the  payment 
of  said  assessments  in  two  installments,  the  publication  of  the  delinquent 


254  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

list  provided  for  in  said  act,  shall  not  be  made  before  the  first  day  of 
July,  but  must  be  made  on  or  before  the  first  day  of  August,  and  except 
as  otherwise  herein  provided  all  of  the  provisions  of  said  irrigation  act 
or  acts  not  inconsistent  with  this  act  relative  to  the  assessment,  pay- 
ment and  collection  of  assessments,  notice  of  assessments,  publication 
of  delinquent  list,  and  sale  for  delinquent  assessment,  and  all  other 
provisions  relative  to  such  assessments  shall  be  applicable,  and  the  only 
effect  of  this  act  shall  be  to  permit  the  payment  of  such  assessments  in 
two  installments,  and  to  postpone  the  notice  of  sale  and  sale  provided 
for  in  said  act  until  after  the  first  day  of  July,  and  when  sale  is  made 
at  the  time  herein  specified  it  shall  have  the  same  effect  as  though  made 
at  the  time  and  in  the  manner  specified  in  said  act  of  1897. 

B.  ASSESSMENT  OF  PUBLIC  LANDS. 

An  act  to  promote  the  reclamation  of  arid  land  and  to  provide  that 
certain  land  belonging  to  the  State  of  California,  within  the  bound- 
aries of  an  irrigation  district  shall  he  subject  to  tlie  assessments 
levied  in  said  district. 

(Approved  May  25.  1917;  Stats.  1917,  p.  936.) 

State  lands  in  district  to  be  assessed. 

Section  1.  "Whenever  there  shall  be  included  in  any  irrigation  dis- 
trict organized  and  existing  under  the  laws  of  this  state,  public  lands 
belonging  to  the  state  subject  to  entry,  or  which  have  been  entered,  and 
for  which  no  certificates  of  purchase  have  been  issued,  such  lands  are 
hereby  made  and  declared  to  be  subject  to  all  of  the  provisions  of  law 
relating  to  the  organization,  government  and  regulation  of  irrigation 
districts  to  the  same  extent  and  in  the  same  manner  in  which  the  lands 
of  a  like  character  held  under  private  ownership  are  or  may  be  subject 
to  such  law ;  provided,  limvever,  that  nothing  herein  contained  shall  be 
construed  as  creating  any  obligation  against  the  State  of  California  to 
pay  any  of  said  charges,  assessment  or  debt. 

Notice  served  on  surveyor  general. 

Sec.  2.  All  notices  required  by  the  act  under  which  such  district  is 
organized  shall,  as  soon  as  such  notices  are  issued,  be  served  upon  the 
surveyor  general  of  the  State  of  California  by  mailing  to  his  office  a 
copy  thereof  enclosed  in  a  sealed  envelope  with  postage  prepaid. 

Assessment  a  lien. 

Sec.  3.  No  public  lands  which  were  unentered  at  the  time  any 
assessment  was  levied  against  the  same  by  such  irrigation  district  shall 
be  sold  for  such  assessment,  but  such  assessment  shall  be  and  continue 
a  lien  upon  such  land,  and  no  patent  shall  issue  therefor  until  the 
applicant  shall  present  a  certificate  from  the  proper  district  officer 
showing  that  no  unpaid  assessments  or  chaises  are  due  and  delinquent 
against  said  land. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  255 

C.     CANCELIxATION  OF  TAXES, 

Political  Code. 
Cancellation  of  taxes  erroneously  or  illegally  assessed. 

;}804o.  Any  uncollected  tax,  or  assessment,  or  portion  thereof,  or 
penalty  or  costs  thereon,  heretofore  or  hereafter  assessed,  charf?ed  or 
levied  more  than  once,  or  erroneously  or  illegally,  or  upon  that  portion 
of  an  asses.sment  found  to  be  in  excess  of  the  actual  cash  value  of  the 
property  assessed,  by  reason  of  a  clerical  error  of  the  assessor,  or  upon 
an  assessment  for  improvements  on  land  when  such  improvements  did 
not  in  fact  exist  at  the  time  said  tax  or  assessment  became  a  lien,  or 
upon  an  assessment  of  property  which  after  the  time  said  tax  or  assess- 
ment became  a  lien  was  acquired  and  oAvned  by  the  state,  or  by  anj^ 
county,  city  and  county,  municipal  corporation,  school  district  or  other 
political  subdivision  and  which,  because  of  such  public  ownership,  is 
not  subject  to  sale  for  delinquent  taxes,  may,  upon  satisfactory  proof 
thereof,  be  canceled  by  the  officer  having  custody  of  the  record  thereof 
upon  the  order  of  the  board  of  supervisors,  or  other  governing  board 
with  the  written  consent  of  the  district  attorney,  city  attorney  or  legal 
advisor  of  said  board ;  provided,  that  no  cancellation  shall  be  made  of 
such  charges  on  property  exempt  from  taxation  in  event  of  failure  to 
comply  with  the  provisions  of  law,  if  any,  relative  to  the  manner 
of  claiming  such  exemptions. 

If  real  property  has  been  sold  to  the  state  or  other  subdivision  for 
nonpayment  of  any  tax  levied  as  described  in  this  section,  and  a  cer- 
tificate of  sale  or  deed  therefor  has  been  issued  to  the  state,  or  other 
subdivision  and  the  state  or  other  subdivision  has  not  disposed  of  the 
property  so  sold,  the  order  of  the  board  shall  also  direct  the  officer 
having  custody  of  the  record  thereof  to  cancel  the  certificate  of  sale 
or  deed  so  issued. 

In  the  city  and  county  of  San  Francisco,  the  written  consent  of  the 
city  attorney  shall  have  the  same  effect  as  the  written  consent  of  the 
district  attorney.     (Stats.  1925,  p.  431.) 


256  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

6.     SUPERVISION  OF  DESIGN  AND  CONSTRUCTION  OF  DAMS. 

An  act  to  appropriate  maney  to  he  expended  hy  and  under  the  direc- 
tion of  the  department  of  engineering  for  the  purpose  of  rectifying 
and  improving  the  chatmels  of  tlie  Sacramento,  Son  Joaquin  and 
Feather  rivers  and  such  other  waters  of  the  state  as  the  department 
of  engineering  may  determine ;  improving  the  navigability  of  such 
waters  and  acquiring  land  for  necessary  rights  of  way  therefor; 
making  surveys,  investigations  and  report  upon  the  feasibility  of 
carnalizing  the  rivers  of  the  state  and  constructing  canals  for  navi- 
gation, and  making  surveys,  investigations  and  plans  for  flood 
control;  the  examination  and  supervision  of  dams;  the  investiga- 
tion of  rainfall,  snowfall  and  runoff  affecting  navigation  and  flood 
control;  and  giving  the  department  of  engineering  antlwrity  over 
dams,  making  it  unlawful  to  construct  or  maintain  dams  in  a 
dangerous  condition  and  providing  penalties  for  violations  of  the 
act  and  directing  who  shall  prosecute  such  violations. 

(Approved  May  14.  1917;  Stats.  1917.  p.  516.) 

Sec.  2.  (a)  All  dams  in  the  State  of  California,  other  than  those 
for  impounding  mining  debris  constructed  under  the  authority  of  the 
California  debris  commission,  or  dams  constructed  by  a  municipal  cor- 
poration maintaining  a  department  of  engineering,  shall  be  under  the 
authority  of  the  state  department  of  engineering,  and  the  department 
shall  exercise  supervision  over  any  dam,  the  failure  of  which  would 
endanger  life  or  property,  and  shall  have  power  to  prescribe  and  enforce 
compliance  with  measures  for  making  such  dams  safe  against  failure; 
provided,  that  this  section  shall  not  apply  to  any  dam  which  is  part  of 
a  ''water  system"  as  defined  in  section  two  of  the  public  utilities  act 
of  this  state,  and  nothing  in  this  act  shall  be  construed  to  limit  the 
jurisdiction  of  the  railroad  commission  over  such  dams. 

(6)  It  shall  be  unlawful  for  any  person,  firm,  corporation  or  district 
to  construct,  maintain  or  operate  any  dam  known  to  be  unsafe,  or 
which  if  the  destruction  or  failure  thereof  would  endanger  life  or 
property;  or  to  construct,  reconstruct,  repair  or  improve,  maintain  or 
operate  any  dam  which  is  or  would  be  ten  feet  or  more  in  height  or 
which  will  impound  water  or  other  fluid  to  the  amount  of  three  million 
gallons  unless  the  plans,  specifications  and  construction  thereof  shall 
have  been  approved  in  writing  by  the  state  department  of  engineering. 

(c)  Any  person,  firm,  corporation  or  district  who  shall  violate  the 
provisions  of  this  section  is  subject  to  a  penalty  of  not  less  than  five 
hundred  nor  more  than  two  thousand  dollars  for  each  and  every 
offense.  Each  day  that  such  violation  of  the  provisions  of  this  section 
shall  continue  shall  be  deemed  and  considered  a  separate  and  distinct 
offense. 

{d)  Any  person  acting  for  himself  as  owner,  or  as  director,  officer, 
agent  or  employee  of  any  firm,  corporation  or  district  engaged  in  the 
con.struction,  reconstruction,  improvement  or  repair  of  any  dam,  the 
plans  and  specifications  of  which  have  been  approved  by  the  depart- 
ment of  engineering,  or  any  contractor,  or  agent  or  employee  of  such 
contractor,  who  shall  knowingly  permit  work  to  be  executed  thereon 
contrary  to  the  plans  and  specifications  approved  as  aforesaid,  or  any 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  257 

inspector  or  employee  of  the  department  of  engineering:  who  shall 
have  knowledge  of  such  work  being  done  and  fail  to  immediately  notify 
the  department  of  engineering  thereof,  is  guilty  of  a  felony  and  subject 
to  the  penalty  of  confinement  in  the  state  penitentiary  for  not  less 
than  one  nor  more  than  five  years. 

(e)  Upon  the  complaint  of  the  department  of  engineering  any  dis- 
trict attorney  is  hereby  authorized  and  directed  to  prosecute  violations 
of  the  provisions  of  this  section. 


17 — 40608 


258  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

7.     MISCELLANEOUS  PROVISIONS. 

A.  DRAINAGE  BY  IRRIGATION  DISTRICTS. 

An  act  to  provide  for  drainage  hy  irrigation  districts. 

(Approved  March  18,  1907  ;  Stats.  1907,  p.  569.) 

District  may  provide  drainage. 

Section  1.  Any  irrigation  district  heretofore  organized  or  hereafter 
to  be  organized  under  the  laws  relating  to  such  districts  may  provide 
for  any  and  all  drainage  made  necessary  by  the  irrigation  provided 
for  by  such  laws;  and  the  officers,  agents  and  employees  of  such  dis- 
tricts shall  have  the  same  powers,  duties  and  liabilities  respecting  such 
drainage,  and  the  construction,  repair,  maintenance,  management  and 
control  thereof  as  they  now  have  or  may  hereafter  have  respecting  such 
irrigation,  and  all  laws  respecting  such  irrigation  or  such  irrigation 
districts  shall  be  so  construed,  applied  and  enforced  as  to  apply  to  such 
drainage  as  well  as  such  irrigation. 

Duty  of  directors  to  provide  drainage. 

Sec.  2.  Whenever  it  appears  necessary,  or  proper,  or  beneficial  to 
the  lands  affected  thereby,  to  drain  such  lands  or  any  portion  thereof 
on  account  of  the  irrigation  which  has  been  done,  or  which  is  intended 
to  be  done  under  such  laws,  whether  for  the  purpose  of  more  benefic- 
ially carrying  on  such  irrigation,  or  to  protect  such  districts  from 
liability  by  reason  of  such  irrigation,  whether  the  irrigation  works  have 
already  been  constructed  or  not,  it  shall  be  the  duty  of  the  board  of 
directors  to  provide  for  such  drainage,  and  said  board  and  its  officers, 
agents  and  employees  shall  do  all  necessary  and  proper  acts  for  the 
construction,  repair,  maintenance  and  management  of  drainage  work 
for  such  purpose. 

Effective,  when. 

Sec.  3.     This  act  shall  take  effect  immediately. 

B.  DEVELOPMENT  OF  ELECTRIC  POWER. 

An  act  to  provide  for  the  d&velopment  of  electrical  power  hy  irrigation 

districts. 

(Approved  May   21,   1919,  Stats.    1919,  p.   778;   amended  1921,  pp.    829,    1083;    1923, 

p.    629.) 

Irrigation  district  may  develop  power. 

Section  1.  Any  irrigation  district  heretofore  organized  or  hereafter 
to  be  organized  under  the  laws  relating  to  such  district  may  provide 
for  the  construction,  acquisition,  operation,  leasing  and  control  of  plants 
for  the  generation,  distribution,  sale  and  lease  of  electrical  energy 
including  sale  to  municipalities,  corporations,  public  utility  districts, 
or  individuals,  of  electrical  power  so  generated ;  and  said  district,  sub- 
ject, however,  to  the  conditions  in  this  section  contained,  may  make 
special  appropriations  of  water  for  power  purpases,  as  required  by  law ; 
provided,  however,  that  any  use  of  water  for  generating  such  electrical 
power  or  energy  at  any  given  time  of  the  year,  which  use  is  in  excess  of 


CATilFORNIA    IRRIGATION    DISTRICT    LAWS.  259 

the  water  appropriated  and  beneficially  used  for  irrigation  purposes  by 
such  district  at  said  period  of  the  year,  shall  be  subject  to  all  prior 
existini?  appropriations  by  any  municipal  corporation,  who  or  which  is 
proceeding  in  good  faith  in  the  expenditure  of  money  and  the  construc- 
tion of  works  designed  to  divert  the  water  appropriated.  The  officers, 
agents  and  employees  of  such  districts  shall  have  the  same  powers, 
duties  and  liabilities  respecting  such  power  and  the  construction, 
acquisition,  repair,  maintenance,  management  and  control  thereof  as 
they  now  have  or  may  hereafter  have  respecting  such  irrigation  or  such 
irrigation  districts.  The  California  irrigation  district  act  shall  be  so 
construed,  applied  and  enforced  as  to  apply  to  such  power  as  well  as 
such  irrigation,  except  that  nothing  in  said  act  shall  be  so  construed  as 
to  prevent  the  sale  of  power  by  any  district  for  use  outside  of  the 
boundaries  of  such  district  or  to  require  the  distribution  of  such  power 
in  accordance  with  any  assessments  levied  by  such  district.  (Stats. 
1923,  p.  629.) 

Powers  of  board  and  officers. 

Sec.  2.  The  board  of  directors  of  any  irrigation  district  and  its 
officers,  agents  and  employees,  shall  do  all  necessary  and  proper  acts 
for  the  construction,  repair,  maintenance,  and  management  of  such 
electrical  power  works  for  such  purposes. 

Issuance  of  bonds. 

Sec.  3  In  case  funds  are  not  otherwise  available  an  irrigation  dis- 
trict may  issue  bonds  for  such  purpose  and  all  of  the  provisions  of  the 
California  irrigation  district  act,  relating  to  the  issuance  of  bonds  for 
other  purposes,  and  all  other  acts  relative  to  bonds  issued  under  the 
California  irrigation  district  act,  in  so  far  as  the  same  are  applicable 
to  said  bonds  shall  apply.     (Stats.  1921',  p.  829.) 

Repeal. 

Sec.  4.  All  acts  or  parts  of  acts  in  conflict  with  any  of  the  pro- 
visions of  this  act  are  hereby  repealed. 

C.     RIGHTS  OF  WAY  FOR  POWER  LINES. 

An  act  granting  to  irrigation  districts  of  the  State  of  California  the 
right  to  construct,  operate  and  maintain  electric  light  and  power 
lines  along  or  upon  any  road,  street,  alley,  avenue  or  highway,  or 
across  any  railway,  canM,  ditch  or  flume. 

(Approved  May  25,  1923;  Stats.  1923,  p.  449.) 

Section  1.  That  there  is  granted  to  every  irrigation  district  of  the 
State  of  California  the  right  to  construct,  operate  and  maintain  electric 
light  and  electric  power  lines  along  or  upon  any  road,  street,  alley, 
avenue  or  highway,  or  across  any  railway,  canal,  ditch  or  flume  which 
the  route  of  such  work  intersects,  crosses  or  runs  along  in  such  manner 
as  to  afford  security  for  life  and  property,  but  the  irrigation  district 
shall  restore  the  road,  street,  alley,  avenue,  highway,  railway,  canal, 
ditch  or  flume  thus  intersected  to  its  former  state  of  usefulness  as  near 
as  may  be ;  provided,  however,  that  such  irrigation  district  may  not  use 


260  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

any  street,  alley,  avenue  or  highway  within  any  city  for  such  purpose, 
unless  the  right  so  to  use  the  same  is  granted  by  a  vote  of  the  governing 
body  of  such  city  which  shall  have  the  right  to  impose  reasonable  condi- 
tions upon  such  use;  provided,  also,  that  such  grant  of  authority  shall 
not  be  necessary  in  any  case  where  the  street,  alley,  avenue  or  highway, 
or  a  portion  thereof,  proposed  to  be  used  for  the  purpose  of  construct- 
ing, operating  or  maintaining  any  such  works,  or  any  part  thereof,  is  a 
necessary  or  convenient  part  of  the  route  of  such  works  and  at  the  time 
construction  thereof  was  commenced,  or  the  plans  adopted  therefor, 
was  located  in  territory  not  then  within  an  organized  city. 

D.     PROTECTION  OF  CANALS  AND  WORKS. 

Penal  Code. 

Sec.  592.  Every  person  who  shall,  without  authority  of  the  owner 
or  managing  agent,  and  with  intent  to  defraud,  take  water  from  any 
canal,  ditch,  flume  or  reservoir  used  for  the  purpose  of  holding  or 
conveying  water  for  manufacturing,  agricultural,  mining,  irrigating 
or  generation  of  power,  or  domestic  uses,  or  who  shall  without  like 
authority,  raise,  lower  or  otherwise  disturb  any  gate  or  other  apparatus 
thereof,  used  for  the  control  or  measurement  of  water,  or  who  shall 
empty  or  place,  or  cause  to  be  emptied  or  placed,  into  any  such  canal, 
ditch,  flume  or  reservoir,  any  rubbish,  filth  or  obstruction  to  the  free  flow 
of  the  water  is  guilty  of  a  misdemeanor. 

Sec.  607.  Every  person  who  willfully  and  maliciously  cuts,  breaks, 
injures  or  destroys  any  bridge,  dam,  canal,  flume,  aqueduct,  levee, 
embankment,  reservoir,  or  other  structure  erected  to  create  hydraulic 
poAver,  or  to  drain  or  reclaim  any  swamp  and  overflowed  tide  or  marsh 
land,  or  to  store  or  conduct  water  fof  mining,  manufacturing,  reclama- 
tion, or  agricultural  purposes,  or  for  the  supply  of  the  inhabitants  of 
any  city  or  town,  or  any  embankment  necessary  to  the  same,  or  either  of 
them,  or  wilfully  or  maliciously  makes,  or  causes  to  be  made,  any 
aperture  in  such  dam,  canal,  flume,  aqueduct,  reservoir,  embankment, 
levee,  or  structure,  with  intent  to  injure  or  destroy  the  same ;  or  draws 
up,  cuts,  or  injures  any  piles  fixed  in  the  ground  for  the  purpose  of 
securing  any  sea-bank,  or  sea-walls,  or  any  dock,  quay,  or  jetty,  lock,  or 
sea  wall;  or  who,  between  the  first  day  of  October  and  the  fifteenth 
day  of  April  of  each  year,  plows  up  or  loosens  the  soil  in  the  bed  or  on 
the  sides  of  any  natural  water  course  or  channel,  without  removing 
such  soil  within  twenty-four  hours  from  such  water  course  or  channel; 
or  who,  between  the  fifteenth  day  of  April  and  the  first  day  of  October 
of  each  year,  shall  plow  up  or  loosen  the  soil  in  the  bed  or  on  the  sides 
of  such  natural  water  course  or  channel,  and  shall  not  remove  therefrom 
the  soil  so  plowed  up  or  loosened  before  the  first  day  of  October  next 
thereafter,  is  guilty  of  a  misdemeanor  and  upon  conviction,  punishable 
by  a  fine  not  less  than  one  hundred  dollars  and  not  exceeding  one 
thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
two  years,  or  by  both;  provided,  that  nothing  in  this  section  shall  be 
construed  so  as  to  in  any  manner  prohibit  any  person  from  digging  or 
removing  soil  from  any  such  water  course,  or  channel,  for  the  purpose 
of  mining. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  261 

E.     INJURIES  TO  HIGHWAYS. 

Political  Code, 

Sec.  2737.  Whoever  obstructs  or  injures  any  highway,  or  diverts 
any  watercourse  thereon,  or  drains  water  from  his  land  upon  any 
highway,  to  the  injury  thereof,  by  means  of  ditches  or  dams,  is  liable  to 
a  penalty  of  ten  dollars  for  each  day  such  obstruction  or  injury  remains, 
and  must  be  punished  as  provided  in  section  five  hundred  and  eighty- 
eight  of  the  Penal  Code.  Any  person,  persons,  or  corporation  who 
shall  be  storing  or  distributing  water  for  any  purpose,  and  shall  permit 
the  water  to  overflow  or  saturate,  by  seepage,  any  highway,  to  the 
injury  thereof,  shall,  upon  notification  of  the  road  commissioner  of  the 
district  where  such  overflow  or  seepage  occurs,  repair  the  damages 
occasioned  by  such  overflow  or  seepage ;  and  should  such  repair  not  be 
made  within  a  reasonable  time  by  such  person,  persons,  or  corporation, 
said  road  commissioner  shall  make  such  repairs,"  and  recover  the  expense 
thereof  from  such  person,  persons,  or  corporation,  in  an  action  at  law. 
All  persons  excavating  irrigation,  mining,  or  draining  ditches  across 
public  highways  shall  be  required  to  bridge  said  ditches  at  such  cross- 
ings, and  upon  neglect  to  do  so,  the  road  commissioner  for  that  road 
district  shall  construct  the  same  and  recover  the  cost  of  constructing 
said  bridge  or  bridges  of  such  persons  by  action,  as  provided  in  this 
section ;  provided,  that  the  supervisors  of  any  county  may  construct 
and  maintain  bridges  over  any  and  all  ditches  used  exclusively  for 
irrigation  purposes,  and  which  cross  public  highways  in  the  county 
over  which  they  have  authority,  and  may,  with  the  consent  of  the 
owners  of  such  ditches,  declare  any  and  all  such  bridges  to  be  public 
property,  and  maintain  and  keep  the  same  in  repair  at  the  expense  of 
such  county.  And  whoever  willfully  injures  any  public  bridge  is 
hereby  declared  to  be  guilty  of  a  misdemeanor,  and  is  also  liable  for 
actual  damages  for  such  injury,  to  be  recovered  by  the  county  in  a 
civil  action ;  provided  further,  that  every  person  who  knowingly  allows 
the  carcass  of  any  dead  animal  (which  animal  belonged  to  him  at  the 
time  of  its  death)  to  be  put  or  to  remain  within  one  hundred  feet  of  any 
street,  alley,  public  highway,  or  road  in  common  use,  and  every  person 
who  puts  the  carcass  of  any  dead  animal  within  one  hundred  feet  of 
any  street,  alley,  highway,  or  road  in  common  use,  or  who  shall  deposit 
on  any  highway  any  refuse  or  waste  tin,  sheet-iron,  or  broken  glass,  is 
guilty  of  a  misdemeanor.     (Amended,  Stats,  1897,  p.  217.) 


APPENDIX. 


SUPPLEMENTAL  LEGISLATION. 

There  are  numerous  laws  on  related  subjects  which  are  too  voluminous  to  permit 
of  inclusion  in  this  volume.     Reference  is  hereby  made  to  the  Statutes  where  these 
acts  may  be  found. 
Agricultural  exi)ert. 

Irrigation  district  may  employ.     Statutes  1913,  p.  7.5. 
Assessment  book. 

County  assessor  must  furnish  copy  on  request  of  district.     Political  Code,  §  3653. 
Bonds. 

Funding  bonds  of  districts  organized  under  the  Act  of  March  7,  1S87.     Statutes 

1897,  p.  394 ;  amended  1901,  p.  514. 
Imperial  irrigation  district,  validation  of.     Statutes  1915,  p.  18. 
Registration  of.     Statutes  1913,  p.  23. 

Release  of  claims  on  bonds  surrendered  for  cancellation.     Statutes  1911,  p.  14G0. 
Security    for   deposit    of    county    or   city    moneys,    irrigation    district    bonds   are. 

Statutes  1923,  p.  25. 
Security  for  deposit  of  state  moneys,  irrigation  district  bonds  are.     Statutes  1923, 
p.  21. 
Bonds  of  irrigation  districts  are  legal  investments  for: 

Banks,  Commercial.     §  46,  Bank  Act,  Statutes  1923,  p.  54. 
Savings.     §  61,  Bank  Act,  Statutes  1923,  p.  54. 

Trust  companies.     §  96,  Bank  Act,  Statutes  1913,  p.  179.     §  105,  Bank  Act, 
Statutes  1913,  p.  183. 
Insurance  companies,  in  general.     Civil  Code,  §  421. 

Fire  insurance,  surplus  and  special  reserve  funds.    §  2,  Statutes  1917,  p.  1379 ; 

amended  1923,  p.  177. 
Fraternal  benefit  societies.     §  10,  Statutes  1911,  p.  1323. 
Mortgage  insurance.     Civil  Code,  §  453ee. 

Mutual  workmen's  compensation.     §  14,  Statutes,  1913,  p.  323. 
School  teachers'  permanent  fund.     Statutes  1913,  p.  1423;  amended  1919,  p.  500; 

1921,  pp.  1638  and  1639. 
State  compensation  insurance  fund.     Statutes  1913,  p.  304,  §  45. 
State  school  fund.     Political  Code,  §  676. 
California  Irrigation  Act.     Statutes  1919,  p.  671.     (Unconstitutional,  Mordecai  vs. 

Board  of  Supeivisors,  183  Cal.  434.) 
Canal. 

Private  right  of  way  for.     Political  Code,  §  2692. 
Carey  act  commission  act.     Statutes  1915,  p.  1140.     See  Political  Code  §  363e. 
Colorado  river. 

Approval  of  Colorado  River  Compact.    Statutes  1923,  p.  1530. 

California    representation    upon    joint    committee   of    western    states    and    federal 

government.     Statutes  1921,  p.  85. 
Commission  for  controlling,  etc.     Statutes  1923.  p.  194. 

Committee  to  negotiate  with  committees  of  Arizona  and  Nevada.     Statutes  1925, 
Resolution,  ch.  80. 
Conservancy  districts.     Statutes  1919,  p.  559;  amended  1923,  p.  13. 
Ditch. 

Highway  crossing.     Political  Code,  §  2694. 

Joint  owners  share  proportionally  the  cost  of  upkeep.     Civil  Code,  §§  842,  843. 
Easement. 

When  right  to  flow  water  is.     Civil  Code,  §  552. 
Eminent  domain. 

Injunction    suit,    defendant    may    convert    into    condemnation    proceedings    when 

water  rights  involved.     Code  of  Civil  Procedure,  §  534, 
Power  of  by  Irrigation  Dists.     Code  of  Civil  Procedure,  §  1238. 
Rules  of  pleading  and  practice  in.     Code  of  Civil  Procedure,  §§  1237-1201'. 
Valuation  bv  railroad  commission.     Const.  Art.  XII,  §  23a. 
Public  Utilities  Act,  §  47;  Statutes  1917,  p.  261. 
Fishways,  over  or  around  dams.     Penal  Code,  §  637. 
Flood,  protection  by  districts  having  area  exceeding  500,000  acres.     Statutes  1915, 

p.  1. 
Highways,  protection  from  overflow  of  ditches.     Political  Code,  §  2737. 
Imperial  irrigation  district. 

Bonds  legalized.     Statutes  1915,  p.  18. 

Flood  protection  authorized.     Statutes  1915,  p.  1. 
Purchase  of  California  Development  Company  authorized.     Statutes  1915,  p.  343. 
Injunction. 

Restraining  sale  of  district  or  municipal  bonds ;  petitioner,  if  a  competitor,  pays 
all  costs  if  injunction  finallpr  denied.     Code  of  Civil  Procedure,  §  526b. 
To  prevent  diversion  of  water,  when  issuable.     Code  of  Civil  Procedure,  I  J  530, 
i>3'2,  534. 


APPENDIX.  263 

Irrigation  districts,  county. 

Validation  of.     ^statutes  1915,  p.  48. 
Mandate. 

Ordering  delivery  of  water  for  irrigation   not  stayed  pending  appeal.     Code  of 

Civil  Procedure,  §  1110a. 
Modesto  irrigation  district  created.     Statutes  1877-8,  p.  820.      (Obsolete.) 
Municipal  utility  districts.     Statutes  1021,  p.  24.">. 
Power  pumpinjr  districts,  countv.     Statutes  li)15,  p.  1483. 
Public  utility  districts.     Statutes  1013.  p.   450.     Statute*  1915,  p.  866;   amended 

1921.  p.  262.     Statutes  1921,  p.  906. 
Public  works,  by  day's  labor.     Statutes  lOe.*?.  p.  1053. 

Riparian  owners.       Liability  for  cutting  of  banks.     Political  Code,  §8  3486,  3487. 
Santa  Clara   County  irrigation   district.     Statutes   1921.   p.   1523.      (Not  in   effect; 

district  electors  disapproved  organization.)      Amended  1923,  p.  1215. 
Underground  storage  of  water.     Statutes  1919,  p.  826. 
Validation  of  irrigation  districts*. 

'Special  validating  acts  are  apparently  unconstitutional : 

Miller  tf  Lux  vs.  Supervisors  of  Madera  County,  189  Cal.  254. 
Irrigation  districts  began  in  1911  the  practice  of  obtaining  special  legislative  acts 

of  validation.     FoUowine  are  statutory  references  to  such  acts: 
Anderson-Cottonwood.     Statutes  191.5,  p.  74. 
Banta-Carbona.     Statutes  1921,  p.  81. 
Baxter  Creek.     Statutes  1917,  p.  227. 
Beaumont.     Statutes  1921.  p.  25. 
Butte  Vallev.     Statutes  1921.  p.  59. 
Byron-Bethany.     Statutes  1921.  p.  30. 
Carmichael.     Statutes  1917.  p.  12. 
Crooks  Canvon.     Statutes  1921.  p.  58. 
Fair  Oaks.     Statutes  1919,  p.  37. 
Fall  River  Valle.v.     Statutes  1923,  p.  20. 
Foothill.     Statutes  1921.  p.  73. 
Fresno.     Statutes  1921.  p.  72. 
Glenn-Colusa.     Stntufes  1921.  p.  64. 
Grenada.     Statutes  1921.  p.  72. 
Happy  Valley.     Statutes  1917,  p.  906 
Honcut-Yuba.     Statutes  1921,  p.  78. 
Hot  Spring  Valley.     Statutes  1921,  p.  75. 
Imperial.     Statutes  1911   (extra  session),  p.  119. 
.Tacinto.     Statutes  1919.  p.  32. 
James.     Statutes  1921.  p.  76. 
Kasson.     Statutes  1921,  p.  81. 
Klamath-Shasta  Valley.     Statutes  1923  p.  193. 
Knightsen.     Statutes  1921,  p.  71. 
I^aguna.     Statutes  1921.  p.  75. 
Lakeland.     Statutes  1923,  p.  437. 

La  Me.sa,  Lemon  Grove  and  Snring  Valley.     Statutes  1915,  p.  323. 
T^moore.     Statutes  1921.  p.  73. 
Lindsay-Strathmore.     Statutes  1917,  p.  15. 
Madera.     Statutes  1921,  p.  76. 
Medano.     Statutes  1921.  p.  77. 
Mendota.     Statutes  1923,  p.  323. 
Merced.     Statutes  1921.  p.  80. 
Modesto.     Statutes  1911,  p.  262. 
Mojave  River.     Statutes  1923,  p.  20. 
Naglee  Burk.     Statutes  1921  p.  73 
Oakdale.     Statutes  1911.  p.  262:  1915,  p.  56. 
Oroville-Wvandotte.     Statutes  1921.  p.  78. 
Owens  Valley.     Statutes  1923.  p.  134. 
Paradise.     Statutes  1917,  p.  13. 
Princeton-Codora-Glenn.     Statutes  1917,  p.  228. 
Red  Rock  Creek.     Statutes  1919,  p.  124;  Statutes  1923,  p.  300. 
Riverdale.     Statutes  1921.  p.  75. 
San  Ysidro.     Statutes  1913.  p.  25. 
Scott  Valley.     Statutes  1921.  p.  59. 
South  San  .Toaquin.     Statutes  1911,  p.  262, 
Stinson.     Statutes  1923.  p.  196. 
Stratford.     Statutes  1917.  p.  14. 
Surprise  Vallev.     Statutes  1921,  p.  59. 
Terra  Bella.     Statutes  1917.  p.  14. 
Tracy-Clover.     Statutes  1923,  p.  440. 
Tranquillity.     Statutes  1919.  p.  124. 
Turiock.     Statutes  1911.  p.  261. 
Waterford.     Statutes  191.^,  p.  1249. 
West  Side.     Statutes  1917,  p.  15. 
West  Stanislaus.     Statutes  1921,  p.  30. 
Williams.     Statutes  1921,  p.  64. 


264  APPENDIX. 

Water. 

Appropriation   of.     Civil  Code,   §§  1410-1422;   superseded,   at  least  in   part,   bj 
the  Water  Commission  Act. 

Contracts  relating  to  sale  and  distribution.     Statutes  1901,  p.  331. 

Lien  of  contract  to  furnish  for  irrigation.     Statutes  1923,  p.  716. 

Miner's  inch  defined.     Statutes  1901,  p.  660. 

Stealing  of.     Penal  Code,  §  490. 
Water  companies,  cancellation  of  stock  by.     Statutes  1923,  p.  757. 
Water  districts. 

County    water   district   act ;    districts   organized    under   prior    to   1915   validated. 
Statutes  1915,  p.  48. 

County  water  works  districts.     Statutes  1913,  p.  785 ;  amended  1915,  p.  1188. 

Bonds  of.     Statutes  1915,  p.  1211. 

Municipal  water  districts.     Statutes  1911,  p.  1290;  amended  Ex.  Sess.  1911,  p.  92; 
1915,  p.  921 ;  supplemented  1917,  p.  15S. 

Municipal  corporation  may  transfer  works  to.     Statutes  1923,  p.  316. 
Water  pipes. 

Injury  to.     Penal  Code,  §  624. 
Water  resources  of  state. 

Investigation  of  conditions  and  preparation  of  plans.     Statutes  1921,  p.  1685. 
West  Side  irrigation  district. 

Created.     Staftttes  1875-6,  p.  885;  1877-8,  p.  468.     (Obsolete.) 
Workmen's  Compensation  Act. 

Irrigation  district  subject  to  provisions  of  §  7 ;  Statutes  1919,  p.  913. 


INDEX. 


ACTIONS.  Pa«e 

Limitation  of 64 

Consolidation    of    64 

Re    validity   of   bonds 63 

AGREEMENTS.     See   Cooperation. 

AGRICULTURAL    EXPERT.     See    Appendix. 

APPEXDLN:    262 

.ASSESSMENT    BOOK.     See  atao  Appendix. 

Evidence  of  what j. 54 

Time  for  completion  of 44 

ASSESSMENT   FOR  COMPLETION  OF  WORK 42 

ASSESSMENT  OF'  PUBLIC  LANEXS  SUBJECT  TO  ENTRY. 

Assessment    a   lien 254 

Notice   served  on   Surveyor  General 254 

State  lands  in  district  to  be  assessed 254 

ASSESSMENTS.     See   also    Taxes;    Taxation. 

Bond  payments,  for 42 

Equalization   of 44 

Objections  to 44 

hearings    on    44 

Time    of    equalizing' 44 

ASSESSMENTS.    PAYMENTS  IN  TWO  INSTALLMENTS. 

Assessments    253 

delinquent   when   253 

Effect  of  act 253 

Rescinding    of    253 

Resolution    by    directors 253 

ASSESSMENTS.    SPECIAL. 

Election   on   question   of 59 

Rate    of,    how   ascertained 59 

ASSESSOR. 

Deputies    of 44 

Duty  of 43 

BOND   CERTIFICATION  COMMISSION. 

Bonds     246 

available  as  legal  Investments 24* 

Certification   by   State  Controller 247 

of  bonds  as  needed '. 249 

Controller's  certificate,   form   of 249 

Expenditures  not  to  be  made  without  consent  of  commission 248 

Expenses     250 

Membership    of    250 

Report   of   247 

Water  districts,  supervision  of 227 

BONDS.     See  also  Appendix  :    Indebtedness. 

Annual  assessment  for  payment  of 42 

Certified  legal  investments  for  trust  funds 250 

Denominations  of 39 

Election  for  sale  at  less  than  par 42 

Exchange  for  plant,   when 61 

Exchange  of,  action  to  determine  validity 62 

Funding  and    refunding  bonds 41 

How  payable 39 

Interest    on    39 

payment    of    54 

Life  of 39 

Official     27 

PajTnent,   where    246 

Redemption    of    54 

Sale    of    41 

Sinking  fund   for  retirement » 45 

Tax   exemption    246 

Validity  of,   action   to   determine 62 

assessment  payer  may  bring  action  to  determine 63 

rules    of   pleading 64 

When   payable   39 

BONDS.    ISSUANCE   OF 35 

Election   for   38 

ballots,   questions  on 38 

notice  of 38 

Improvements,  estimate  of  money  for 35 

Irrigation   District  Bond  Commission 36 

estimate  submitted  to 36 

Order   determining   amount    of 37 

Purposes    for    35 

Special    election    for 37 

BONDS.   REFITNDING. 

Assessment  for  payment  of  Interest  and  principal 251 

Election  on  question  of 251 

Form    of    251 


266  INDEX. 

BONDS,  UNSOLJ),  DESTRUCTIOX  OF.  F&ge 

Election     7S 

notice   of 75 

Election    on   question   of "J 

Two-thirds   majority   required 75 

BOUNDARIES,  CHANGE  OP.     See  Exclusion;  Inclusion. 

When  district   is  under  contract  with  United  States 232 

BRIDGFORD  ACT 13 

Effect  on  old  districts,  pending  actions,  etc 76 

CALIFORNIA   IRRIGATION    DISTRICT  ACT 13 

Citations,   general 17,   77 

Effect  on  prior  acts  and  existing  rights 76 

Formation,    outline    of   procedure 9 

Time   of   taking  effect 77 

Title    of   act 77 

CALIFORNIA    WATER    STORAGE    DISTRICT    ACT.      See    also    Water 

Storage  District  Act 78 

CANALS.     -Sec  al^o  Appendix. 

Injury  to  or  theft  of  water  from 260 

Leasing   of    25 

Overflow    of    highway 261 

Run  at  full  capacity  during  high  water 62 

CEMENT    PLANTS    233 

COMPLETION    OF    WORKS 42 

Assessment   for 42 

CONDEMNATION   PROCEEDINGS 26 

CONSOLIDATION    OF    DISTRICTS 224 

Election     225 

Indebtedness,   apportionment  of   225 

Investigation    224 

Name   of   226 

Offices    of    225 

Petition    224 

Powers    of    226 

Report   of   State    Engineer 224 

CONSTITUTIONAL  PROVISIONS 10,   246 

CONTESTS     64 

CONTRACTS  WITH  RECLAMATION  SERVICE 232 

CONVEYANCES  24 

COOPERATION  UNDER  FEDERAL  TWENTY  YEAR  EXTENSION  ACT-  232 

COOPERATION  WITH  FEDERAL  GOVERNMENT 228 

Construction,  operation  or  maintenance  of  works 229 

COOPERATIVE  AGREEMENTS. 

Adjoining   states,    with   districts    in 227 

CORPORATIONS,    FOREIGN. 

Stock,   purchase   by  district 246 

COUNTY  WATER  DISTRICT  ACT 151 

Ballot,   form   of 157 

Bond    election    : 162 

notice   of   162 

two-thirds  vote  necessary  to  carry — 164 

Bonded   indebtedness   162 

Bonds,   exempt  from  taxation 164 

Deficit,   tax   levy  to  pay 165 

District,  admission  of  territory  to 166 

exclusion   of  territory  from 167 

Directors,  election  of 153 

power   to   construct   works -- 164 

Election  not  to  be  invalidated  by  informality 160 

General  election  laws  to  govern  elections 159 

Initiative     166 

Nomination    of    officers 154 

Nomination  petition,   form   of 155 

Officers    appointment    of 160 

duties   of 162 

subject    to    recall 159 

Ordinances. . 159 

Organization  of  board 159 

of  district 151 

Other  acts  not   repealed , 167 

Petition    and    election 151 

Powers    of    district 160 

Referendum    166 

Tax,  levy  and  collection  of 166 

to    pay    district 166 

Water  rates 165 

Water  rates  to  pay  operating  expenses 165 

Who  may  organize  district 151 

DAMS    24 

Supervision   of 256 

DIRECTORS. 

Compensation  of 58 

Election   of   20 

General    powers   of 23 

Not  to  be  interested  in  contracts 58 

Number  of  32 

Number  of,  how  changed 32 

Qualifications    of    31 


INDEX.  267 

DIRECTORS.   BOARD  OF.  ^*«« 

Duties   and   powers  of 22 

Meetings    of    22 

OrKiinization    of    __     22,   28 

DISSOLUTION  OF  DISTRICT. 

Involuntary     244 

conditions    for 244 

Investigation  by  State  Engineer 244 

property,    disposition    of 245 

quo  warranto 244 

Voluntary    239 

assessment  liens  on  property  within  the  district 243 

assessment  payer  may  bring  action 242 

corporation,   organized   to   take  over   property 242 

debts  barred  by  statute  of  limitations 243 

election     to    decide 240 

funds,   balance  of,   apportioned 243 

petition  for 239 

procedural    rules   242 

superior  court,  action  In 241 

DISTRICTS   ENUMERATED   7 

DISTRICTS    IN    OTHER  STATES. 

Cooperation    with    227 

DIVISION  OF  DISTRICT 200 

DRAINAGE     258 

ELECTION    OFFICERS. 

Pow^ers  and   duties  of 29 

ELECTION  PRECINCTS. 

Change    of    25 

ELECTIONS. 

Ballots 29 

Canvassing   returns 30 

Contest    of    21 

For  sale  of  bonds  at  less  than  par 42 

Manner  of  voting 29 

Nominating:  petitions 30 

Notice    of    29 

Officers  of 29 

Result,    statement   of 31 

Votes,   canvass  of 30 

counting    of    30 

Voting,   how   conducted 31 

ELECTIONS,    GENERAL. 

If  not  held 28 

Irrigation  district  officers  to  be  elected 27 

Official    bonds    27 

ELECTORS. 

Qualifications  of   21 

ELECTRICAL   POWER.   DEVELOPMENT   OF. 

Bonds    may   be    issued    for 259 

Irrigation  district  board,  powers  of 259 

Irrigation   district  may   develop 258 

Irrigation  district   officers,   power  of 259 

Power  lines,  rights  of  way  for 259 

EMINENT  DOMAIN.     See  also  ApPENnix. 

Irrigation  a  public  use 11 

Proceedings    10 

Right    of   62 

EXCLUSION   OF   LANDS 65 

Assent    of    bondholders 67 

Boundaries,  change  of  to  be  recorded 68 

of  district  may  be  changed  for 65 

District,   division  of 68 

Hearing  on 66 

Lands  excluded  not  released  from  liabilities 69 

Office  of  director  of  excluded  division  declared  vacant 68 

Organization    not    affected 68 

Petition  of  owners  for 65 

Power    of    board 66 

Publication  of  notice 66 

Release  from  lien 69 

Rights  of  guardian,  administrator  or  executor 68 

ERRORS. 

Court  must  disregard  insubstantial 64 

FEDERAL   GOVERNMENT. 

Cooperation    with    228 

FINANCIAL    CONDITION. 

Publication    of   23 

FORMATION     OF    DISTRICT. 

Canvass  of  votes  21 

Information,  furnished  by  State  Engineer 18 

Majority   vote    determines    organization 21 

Order  declaring  organization,  filed  with  county  recorder 21 

Petition,  form  and  contents  of 14 

genuineness  and   sufficiency  of 19 

supervisors'    finding   conclusive . 19 

supervisors,  to  reaffirm  conclusions 18 

Petitioners,  who  may  be 13 


268  INDEX. 

FUNDS.  ^®*® 

Creation    of    63 

Transfer  of  unexpended  balance  to  general  fund 63 

GENERAL   PROVISIONS   63 

HIGHWAYS.  INJURIES  TO.   PENALTIES  FOR 261 

IMPERIAL  IRRIGATION  DISTRICT.     See  also  Appendix. 

Authority  to  purchase  foreign  corporation  stock 246 

IMPOUNDING  WORKS. 

Supervision  of 2o6 

IMPROVEMENTS.  ^- 

Exempt  from  taxation   *3 

INCLUSION   OF  LAND. 

Boundaries  of  district,  change  in 69 

election,  notice  of J'J 

may   be   changed    for 69 

resolution    describing 71 

Condition   precedent   . 70 

Election,    majority   vote   to   decide 72 

Order   of  board   to   be   recorded 72 

Petition,    hearing    of 70 

notice  of  filing  of 7® 

Petition  to  be   recorded  in  minutes 73 

Petitioners  may  be  required  to  pay  prior  assessments <2 

Procedure    for    69 

Redivision    of    district 73 

Rights  of  guardians,  executors  and  administrators '3 

INDEBTEDNESS.      See    Bo.VDS. 

INDEBTEDNESS,   BONDED.   REHJUCTION  OF. 

Bondholders,   assent   of 74 

Election,    notice   of ; 73 

on    question    of    '- 73 

INDEBTEDNESS,    INCURRING    OF. 

Bonds,    exchange    of    60 

validity  of  bonds  determined 62 

Irrigation  works,  directors  may  purchase 61 

Power,    restricted    60 

Warrants  when  not  paid  to  draw  interest 60 

INTRODUCTION    5 

INJUNCTION.     See   Appendix. 

INVESTMENTS.     Sec  also  Appendix;  Bond  Certification  Commission. 

District   bonds    become   available   for,   when 246 

IRRIGATION   A   PUBLIC  USE 11 

IRRIGATION    DISTRICTS. 

Conservation  districts  included  in  term 250 

Consolidation    of   224 

Enumeration  of 7 

Lands  of.   may  be  included  in  water  district 226 

IRRIGATION  WORKS. 

Penalty   for   injury   to 260 

LANDS.     See  Excluson  ;  Inclusion. 

LEGISLATIVE    SUPERVISION    10 

LIMITATION    OF    ACTIONS 64 

MANDATE.     See    Appendix. 

MATERIALS. 

Manufactured    by    district 233 

MONEY.   UNEXPENDED    63 

NAME  OF  DISTRICT 76 

OFFICERS. 

Bonds    of    27 

Compensation    of    58 

Consolidation   of    20 

Election  of 20 

canvass    of   votes    21 

Penalty  for  violation  of  duty 66 

Recall  of 83 

Tenure   of   office    22 

OFFICES. 

Consolidation   of 31 

Term,   when    begins    28 

Vacancies,  how  flUed 31 

ORGANIZATION. 

Complete  upon   filing  of  order 21 

District     13 

Election   on 26 

POWER    LINES. 

Rights  of  way  for 259 

PROPERTY  O'^  DISTRICT  EXEMPT  FROM  TAXES 62 

PROPERTY   OUTSIDE   OF   STATE 228 

PROPERTY.   TITLE  OF  VESTS  IN  DISTRICT 35 

PUBLIC  USE.   IRRIGATION   IS 11 

Water  dedicated   to,   when 10 

RESERVOIRS. 

Supervision   of , 256 

RIGHTS  OF  WAY j. 57 

ROADS.     See   alito   Highways , 261 

ROCK    QUARRIES    232 

SAND    PITS    232 


INDEX.  2S9 

SAVING   CLAUSES.  Ps^Se 

Existing  districts  and  riglit  not  affected _       _ 76 

STATE  ENGINEER.     See  also  Water  Stokagr  Districts. 

Jnvestisation    re   seuurily   of   bonds 246,   250 

Supervision    of   dams 256 

Water   storage   districts,    powers    respecting 80,   125 

STATES,    AIJJOINING. 

Cooperation    with    districts    in 227 

STATUTE  OF  LIMITATIONS 64 

SUPPLEMENTAL.    LEGISLATION    262 

SUPPLIES. 

Manufactured    by    district 233 

TAXATION. 

Bonds  exempt  from 246 

Exemption   from   62 

Improvements  exempt   43 

TAXES. 

Assessment  becomes  a  lien,  when 48 

Assessment  boolt  evidence  of  wliat 54 

Assessment  for  payment  of  Interest,  principal  and  rentals 45 

Assessment,   improper,  may  be  cancelled 49 

Assessment   of   land   omitted 48 

Assessment,  unpaid  tolls  part  of 48 

Assessments,    delinquent,   when 4a 

due    notice    of 49 

neglect    to    make 46 

suit   to   collect   49 

Deed    of    land    sold 53 

Delinquent    notice,    publication    of 50 

delinquent   list   50 

sale,    date    of 50 

Delinquent,    sale    for    50 

certificate   of   sale 51 

district    may    purchase 51 

record  book  of  sales 52 

resale  in  default  of  payment 5J 

rights  of  owner  of  realty 51 

Delinquent  taxes  not  bar  to  dissolution 53 

District   attorney,   duty   of 47 

Extension    of    time ., 47 

Levy  and  collection  of 45 

deputies   may   be  appointed 32 

Misnomer  does  not  invalidate  sale  of  property 54 

Redemption  from  sale 52 

Secretary  of  board,  duty  of 46 

Settlements    between    secretary    and    collector 54 

Sinking   fund    45 

Tax  deed   evidence   of  what 53 

TERRITORY.     See   Exclusion;   Inclusion-. 

TITLE  TO  PROPERTY 35 

TWENTY  YEAR  EXTENSION  ACT. 

Cooperation    under    232 

UNDERGROUND  STORAGE.     See  Appendix. 
UNITED   STATES. 

District  cooperation  under  twenty  year  extension  act 232 

District  cooperation   w^lth  reclamation   service 232 

VALIDATING  ACTS.     See   Appendix. 

WARRANTS    DRAW    INTEREJST.    WHEN 60 

WATER.     See   also   Appendix. 

Apportionment    of    26,   62 

Diversion  to  other  states  for  cooperative  uses 227 

Public   use,    when 10 

Rules  and  regulations  for  use  of 26 

WATER  DISTRICT  ACT 170 

Act    rei)eals    nothing 191 

Apportionment    of    waters 189 

Assessment,     appeal    from 177 

roll  of  county  may  be  adopted 191 

Board,     organization    of 174 

powers   and    duties   of 174 

Bond    election        _.  180 

fund    185 

Bonds,   destruction   of  unused 184 

form,   etc.    181 

issuance    of    additional    182 

lawful   investment   for  trust  funds 183 

redemption    of    184 

sale    of    183 

testing  of  validity   182 

Boundaries,  fixing  of 171 

Condemnation    proceedings 188 

County  assessment  roll  may  be  adopted 191 

Dissolution  of  district 190 

District,   by-laws  of ,_  172 

dissolution    of    . 190 

Division  of  county,  effect  on  district 189 

Election  of  oflficers,  conduct  of 186 


270  INDEX. 

WATER  DISTRICT   ACT — Continued.  P^se 

Election  of  offlcers,  contest  of 180 

Fees,  not  to  be  collected  by  county  officers 189 

Lands,  evidence  of  title  to 170 

of    district    171 

Legality  of  district  determination 172 

Offlcers    of    district 173 

Organization    of    board 174 

of    district    170 

Petition  for  organization 171 

publication  of 171 

Plan   of   irrigation   works 180 

Right    of    way 188 

Sale    of    water 191 

Tax,  additional  in  case  of  error 180 

assessments    ^ 17  5 

delinquent  notice 177 

for  preliminary   expenses 172 

lien    ,-  177 

rate     175 

rate,  hearings,  etc. 176 

sales     178 

certificate    of    178 

redemption  of  property  from 179 

Voters    186 

Water,   apportionment   of 189 

of   district,   declared  public  use 188 

sale   of — 191 

WATER   COMMISSION  ACT 192 

Applications  for  water  by  municipalities 210 

for  water,  fees  on 211 

Applications   for  water   194 

right  to   appeal   194 

to  appropriate  water 203 

notice  of 203 

protest  of  204 

Appropriation    of   water    199 

fees    for    214 

Certification,    fees   for    197 

Commission,  creation  of 193 

may  act  as  referee 212 

powers     195 

quorum    195 

rules  and  regulations  by 198 

to  supervise  distribution  of  water ^ 199 

vacancies  on j._  195 

Construction  of  works 206 

Decree  of  court,  recording  of 218 

Distribution  of  water : 220 

Expenditures 198 

Fees,  for  copying  and  certification  of 197 

disposition   of 212 

Fees,  for  adjudication  of  water  rights 215 

on     applications     211 

on  permits  to  appropriate  water 212 

witness     196 

Hearings  in  court 217 

of  contests    216 

Investigation  of  stream  system 213 

License  to  take  water 207 

conditions    on    208 

Municipalities,    applications   for   water 210 

Permit  to  anpropriate  water 205 

prerequisite  to  issuance  of 195 

fees  on 212 

Proof   of   appropriation,    form   of 214 

notice  of  date  of  filing 213 

Revocation  of  license  to  take  water 207 

of  permit  to   appropriate   water 206 

Rights,  appeal  from  decree  determining 218 

Stream    system,    investigation    of 198,   213 

Testimony,  record  of 197 

Water,   appropriation  of I I_  199 

fees  for   214 

under    earlier    acts IIII__I__I  200 

from    interstate   streams   203 

revocation   of   206 

Water,  appropriation  of  for  a  specified  purpose 222 

application    to   appropriate    '. 203 

notice  of   203 

protest    of    ~~  204 

conditions  on  license  to  take IZ  208 

distribution    of 220 

forfeiture   of   right   for   nonuse Z  210 

hoadgnte  and  mensuring  devices 221 

intervention  of  claimant  for.  without  notice 215 

license  to  take 207 


INDEX.  271 

WATER  COMMISSION  ACT— Continued.  Pa«3 

masters    2120 

permit   to   appropriate   205 

priority  of  right 205 

of   usage    202 

supervision    of    distribution    199 

use    upon    riparian    lands    199 

Water   riglits,    fees   for   adjudication   of 215 

iiearing  of  contests  concerning 216 

not   laestowed   by   act . 202 

order   of   determination 217 

presumption   from  nonuse 199 

subject  to  the  provisions  of  this  act 193 

Witness  fees 196 

Worics.    lolnt   occupancy  of  permitted 201 

WATER  CONSERVATION  DISTRICT  ACT,  CALIFORNIA. 

Assessments,  apportionment  of  expense 145 

bonds    145 

estimate  of  expenses 146 

Bonds,  certification  commission 146 

certification  of 145 

issued  by  constituent  districts 144 

procedure  of  each  unit  to  govern 135 

Claims    146 

Contracts 143 

Debts    , 147 

Directors,  assessments 144 

compensation  and  meetings 132 

contracts 143 

election  of 128 

limitations  on  powers  of 147 

nomination   of . 133 

not  to  be  interested  in  contracts '. 146 

oath  of  office 133 

organization  of 132 

powers  and  duties 141 

records 148 

secretary   of * 132 

treasurer   132 

water  and  power  survey 126 

Election,  on  formation 128 

Electrical   power   141 

Eminent  domain , 142 

Organization  of  district,  election 128 

hearing 125 

notice  of  hearing 124 

order   establishing  district 130 

petition 128 

power  to  organize 123 

Property,  title  to 149 

Records,  etc.,  of  district 148 

State  Irrigation  Board. 

created 122 

officers  and  employees 123 

order  creating  district 130 

power  to  organize  district 123 

records,  etc. 148 

water  and  power  survey 126 

Tax  exemption 147 

Term  "irrigation  district"  includes  water  conservation  districts 250 

Title  of  act 149 

Vested  rights,  not  impaired 149 

Water  power,  apportionment  of 1 127 

survey  by  directors 126 

WATER  DISTRICT.     Sec  also  Appendix. 

Inrlu.«'nn   of  territory  already  part  of  an  irrigation  district 126 

WATER,  LEASE  OF. 

Authority   of   board   to   leass 74 

Bond    of    lessee ; 7.5 

Forfeiture    of 75 

T-iength   of 75 

Procedure,    manner   of 74 

Proposals,    opening   of . 75 

Rentals     ^ 74 

WATER  STORAGE  DISTRICT  ACT,  CALIFORNIA. 

Actions,  conduct  of 119 

consolidation  of 119 

Adju.stment  board 90 

Assessments    92 

omission  of  land  froirt ; I I  120 

payment  of,  in  full : 92 

unpaid,  collection  of 92 

Assessments,  special 95 

when  and  how  made 95 

Assessments,  supplemental,  manner  of  levying 94 

18—40508 


272  INDEX. 

WATER    STORAGE   DISTRICT   ACT — ConUnued.  ^^Se 

Bonds,  certification  of 96 

election  for  issuance  of 96 

form  of  97 

how   issued 96 

proceeds  of 96 

sale  of 96 

validation    of   96 

when   issued   96 

when  payable 96 

Claims,  payment  of 106 

Commissioners,  assessment  of  project  by 89 

Contest  of  elections 114 

Directors,  board  of,  compensation  of 107 

construction  and  maintenance  of  works i 105 

dissolution   of   district   120 

general  powers 103 

indebtedness,  incurring  of 107 

meetings  of 86 

officers  not  to  be  interested  in  contracts 107 

organization   of   86 

powers  and  duties  of 103 

provisions  for  defraying  preliminary  expenses 87 

report  of 87 

report  on  project 87 

reports  to  State  Engineer  of  work  done ^ ,     106 

right  of  way  privileges,  power  to  grant : 106 

tenure  of  office 85 

water,    distribution   of 107 

Duty,  neglect  of  official  to  perform 119 

violation  of,  by  officer,  penalty  for 120 

Elections,  general 108 

ballots    109 

canvass  of  votes 110 

counting  of  votes 110 

election  officers,  appointment  of 109 

powers  and  duties  of 109 

elections,  special,  provisions  for 112 

elections,  when  held 108 

manner  of  voting ^_  109 

nominating   petitions   109 

notice   of   109 

officers  to  be  elected 108 

precincts,  establishment  of 108 

proxy   85 

results,   statement  of 111 

voters,  qualification  of 108 

voting . 108 

Elections,  special,  how  held 114 

Electrical    energy,    distribution    104 

Executive  directors,   appointment  of 79 

powers  and  duties  of 79 

General  provisions 114 

Land,  value,  determination  of 115 

ownership,  determination  of 115 

Neglect  of  official  to  perform  duty 119 

Officers,    recall   of   112 

terms  of,  beginning  of 112 

Official   bonds 111 

Organization  of  district 80 

directors,  election  of 84 

election  for 84 

canvass  of  votes 85 

order  on,  filing  of 85 

voters,  qualification  of 84 

petition  for 80 

hearing  on 82 

order  on 83 

who  may  propose , 80 

Penalty  for  violation  of  duty  by  oflScer 120 

Proceedings,    record   of   117 

Property,  disposition  of . 117 

exemption  from  taxes 119 

title  to ■ 117 

Publication,  how  made 116 

where  made 116 

Public  use,  declaration  of 118 

Report,   favorable,  election  on 89 

State  Engineer,  acting  on  adverse  report 88 

action  on  favorable  report 89 

additional  duties  of 116 

commissioners,  appointment  of,  by 89 

powers  and  duties  of 79 


INDEX.  273 

WATER   STORAGE  DISTRICT  ACT — ConUnued.  Pa«e 

Taxation,  property  exempt  from 119 

Title  of  act , 120 

Vacancy  in  office,  how  filled 111 

Vested  rights  shall  not  be  impaired 181 

Warrants,  interest  on,  unpaid 117 

how  drawn  117 

payment  of 117 

WORKMEN'S    COMPENSATION    ACT,    DISTRICTS    SUBJECT    TO.      See 
Appendix. 

WORKS,   CONSTRUCTION   OF. 

Bids  for 56 

Claims,   payment  of -i 66 

Improvements  to  be  paid  for,  from  construction  fund — 67 

Investigations  by  State  Engineer 66 

Reports  to  be  forwarded  to  State  Engineer , — ^-  56 

Right  of  waj' 57 

WORKS.   PENALTY  FOR  INJURY  TO 260 

WRIGHT   ACT    : 13 


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V 


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JfV 


